Real Property – Contract– Loan Modification – Time Is of the Essence – Mortgage Foreclosure

Teresa Bruno, Opinions Editor//May 17, 2018

The plaintiff-borrower cannot prevail on her claim that the defendant-lenders breached a loan modification agreement. Her complaint shows the agreement was not in effect because she failed to make a time-is-of-the-essence payment that was due by Oct. 1, 2012.

We affirm the trial court’s grant of defendants’ motion to dismiss.

McDonald v. Bank of New York Mellon Trust Co., N.A. (Lawyers Weekly No. 011-169-18, 14 pp.) (John Tyson, J.) Appealed from Cumberland County Superior Court (Claire Hill, J.) Celia Pistolis for plaintiff; Donald Pocock for defendants. N.C. App.

Select Region or Brand

Upcoming Event