Montgomery County, Md. v. Federal Nat’l Mtge. Ass’n (Lawyers Weekly No. 14-01-0096, 25 pp.) (Niemeyer, J.) No. 13-1691, Jan. 27, 2014; USDC at Greenbelt, Md. (Chasanow, J.) 4th Cir. Holding: Although general tax exemptions applicable to Fannie Mae and Freddie Mac do not ...Read More »
Real Property – Anti-Deficiency Statute – Civil Practice – Appeals – Summary Judgment & Motion to Amend
Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, LLC (Lawyers Weekly No. 14-06-0077, 2 pp.) (Per Curiam) (Cheri Beasley, J., not participating) Appealed from Rutherford County Superior Court (Marvin P. Pope Jr, J.) Appealed from the Court of ...
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Perry v. Tillett (Lawyers Weekly No. 14-16-0039, 10 pp.) (Sanford L. Steelman Jr., J.) Appealed from Dare County Superior Court (J. Carlton Cole, J.) N.C. App. Unpub. Holding: Where the controlling deed called for a creek to be the tract’s ...Read More »
Quicken Loans Inc. v. Alig (Lawyers Weekly No. 001-005-14, 14 pp.) (Floyd, J.) No. 12-342(L), Dec. 19, 2013; USDC at Wheeling, W.Va. (Bailey, J.) 4th Cir. Holding: In plaintiffs’ class action suit alleging defendant real estate appraisers cooperated in defendant ...Read More »
Real Property – Foreclosure — Dismissal — Standing — Without Prejudice — Deed of Trust — Note Holder
In re Foreclosure of Razack The superior court did not err in dismissing the respondent financial institution’s foreclosure action without prejudice, thereby affording respondent the opportunity file a subsequent foreclosure action against the petitioners on the same property once it was better prepared.
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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
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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High Point Bank & Trust Co. v. Highmark Properties LLC Once a real estate development company (borrower) successfully obtained an offset reducing its indebtedness to a financial institution (plaintiff) pursuant to G.S. § 45-21.36, the plaintiff could only hold the individual guarantors of the loan responsible for the borrower’s remaining indebtedness.Read More »
Real Property – Mortgages – Banks & Banking – Civil Practice – Real Party in Interest – Foreclosure Appeal – Note Holder & Trustee
In re Foreclosure of Webb : The beneficiary of the deed of trust was the real party in interest in this foreclosure proceeding, so the beneficiary could prosecute the substitute trustee’s appeal from the clerk to the superior court.Read More »