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Real Property

Real Property – Commercial Mortgages – Guarantors – Foreclosure – Civil Practice – Notice (access required)

HomeTrust Bank v. Green When the plaintiff-bank foreclosed on a company’s deeds of trust, it served notice of the foreclosure hearings on the company in care of defendant Richard Green, who was the company’s registered agent and a guarantor of the company’s debt to the bank; therefore, Mr. Green had actual notice of the foreclosure proceedings.

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Real Property – Foreclosure – Civil Practice – Summary Judgment – Commercial Property – Deficiency Judgment – Amount (access required)

Greer State Bank v. Evans Where defendant’s answer admitted that the plaintiff-bank sought a deficiency judgment in the amount calculated by the bank at $198,566.56, but where the answer otherwise denied the allegations of the bank’s complaint, there is a genuine issue of material fact as to the amount due on defendant’s debt.

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Real Property – Condemnation – Valuation – Expert Testimony – Highway Median (access required)

Department of Transportation v. Ashcroft Commons, LLC Although the defendant-landowner’s expert, Fitzhugh Stout, did say that his 30 percent reduction in the value of defendant’s remaining land was “really a combination of everything,” the record shows that the primary focus of Stout’s opinion as to the 30 percent reduction was the deprivation of access to the property due to the erection of a highway median that prevented northbound traffic from turning left into the property.

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Real Property – Store’s Driveway Permit – Increased Traffic – Condemnation Action — § 108 Hearing (access required)

Department of Transportation v. Webster Where the Department of Transportation condemned part of the defendant-landowners’ private road (Rescue Lane), the landowners’ condemnation damages do not include the increase in traffic on Rescue Lane that resulted from the DOT’s subsequent grant of a permit that allowed a neighboring store to install a driveway on Rescue Lane.

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Real Property – Store’s Driveway Permit – Increased Traffic – Condemnation Action — § 108 Hearing (access required)

Department of Transportation v. Webster Where the Department of Transportation condemned part of the defendant-landowners’ private road (Rescue Lane), the landowners’ condemnation damages do not include the increase in traffic on Rescue Lane that resulted from the DOT’s subsequent grant of a permit that allowed a neighboring store to install a driveway on Rescue Lane.

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Real Property – Mortgages – Unjust Enrichment Claim – Officious Payment – Attorneys – Out-of-State Closing Company (access required)

JPMorgan Chase Bank, N.A. v. Browning The defendant-siblings and their father were tenants in common of a lot in Murphy. Defendants did not even know that their now-deceased father took out a second loan secured by the lot; defendants certainly did not induce the plaintiff-bank’s predecessor to pay off the first mortgage on the lot.

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Real Property – Criminal Practice – Contempt – TRO – Court Filing & Contact with Appraiser (access required)

Branch Banking & Trust Co. v. Harris A temporary restraining order enjoined plaintiff from recording documents in the chain of title of a certain lot without permission of the court. Plaintiff willfully violated the TRO when she (1) found a motion and order setting aside a foreclosure in another case, (2) typed up a similar motion and order applicable to the lot at issue, (3) hired an attorney to put his name on the motion and order and to file them with the clerk of court, and (4) waited at the clerk’s office for the papers to be signed.

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Real Property – Zoning — Oceanfront Setbacks — (CAMA) — Coastal Resources Commission — Building Permit — Administrative (access required)

Busik v. N.C. Coastal Res. Comm’n This matter involves a dispute regarding the interpretation and application of certain rules governing oceanfront construction setbacks, as contained in 15A NCAC 7H. 0306(a) (2) (A) - (B) (the “Setback Rules”), to the proposed development of a single-family residence on an oceanfront lot on Bald Head Island. The courts affirms the trial court’s order concluding, as a matter of law, that there was no error in applying a 60-foot setback, instead of a 120-foot setback, from the ocean’s vegetation line in connection with the proposed development.

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