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Tag Archives: Collateral Attack

Civil Practice – Collateral Attack – Real Property – Mortgages – Foreclosure – Notice (access required)

In re Foreclosure of Beauchemin The appellant-owners of the real property in Jackson County stipulated that they received notice of the Jackson County foreclosure. In this Jackson County action appellant Richard Beauchemin may not collaterally attack the foreclosure notice sent to him involving property his business owned (before foreclosure) in Haywood County.

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Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack (access required)

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

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Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack (access required)

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

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Attorneys – Suspension – Reinstatement Motion – Administrative – Regulatory Procedure – Civil Practice – Collateral Attack (access required)

In re Petition for Reinstatement of McGee There is an administrative procedure for having a suspended law license reinstated; it is set out in 27 N.C.A.C. § 01B.0125(b). Petitioner cannot avoid this procedure by simply moving to amend the records of the State Bar to say that his law license had been reinstated and to strike portions of the Bar’s record reflecting otherwise. We affirm the Disciplinary Hearing Commission’s denial of petitioner’s motion to amend the Bar’s records.

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Tort/Negligence – Intrinsic Fraud – Collateral Attack – Real Property (access required)

Bodie Island Beach Club Association, Inc. v. Dixon Plaintiffs allege that defendant CROC, LLC obtained deeds by the fraud of others, primarily defendant Dixon through his allegedly false and fraudulent testimony in another proceeding. False testimony before the court constitutes intrinsic fraud, which cannot be collaterally attacked by an independent action and can only be corrected by a Rule 60(b)(3) motion in the cause. CROC is entitled to judgment as a matter of law because there is no legal theory that will support recovery by plaintiffs against it.

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