Real Property – Mortgages – Civil Practice – Statute of Limitations – Promissory Note Payments

U.S. Bank National Association v. Pinkney (Lawyers Weekly No. 012-119-17, 5 pp.) (John Arrowood, J.) Appealed from Forsyth County Superior Court (Patrice Hinnant, J.) On remand from the N.C. Supreme Court. N.C. App. Unpub.

Holding: Since the complaint does not divulge the dates on which the defendant-borrowers made or failed to make any payments on their promissory note, it is impossible to determine when the statute of limitations was triggered; therefore, the statute of limitations is not properly within the trial court’s scope of review on defendant’s motion to dismiss under N.C. R. Civ. P. 12(b)(6).

We reverse the trial court’s dismissal of plaintiff’s claims.