A family whose home was foreclosed upon over barely $200 in unpaid homeowners’ association dues will be getting their house back after the North Carolina Supreme Court unanimously ruled that the company that purchased it for less than 2 ...
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A bank that waited 12 years to reform a deed of trust where it failed to secure a promissory note by the property was too late to obtain a judicial foreclosure, the North Carolina Court of Appeals ruled, reversing ...
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An inconspicuous house, tucked away in a cul-de-sac just a few miles to the Charlotte side of Lake Wylie, is at the center of a legal odyssey, one that started with barely $200 in unpaid homeowners’ association dues. Then ...
Tagged with: foreclosure
Read More »We affirm the Court of Appeals’ ruling (When a homeowners’ association foreclosed on the respondent-owner’s property for failure to pay dues, the HOA did not provide respondent with notice that satisfied N.C. R. Civ. P. 4; nevertheless, the notice was ...
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An LLC will be able to keep possession of the home it purchased in a foreclosure sale even though the homeowners’ association that foreclosed on the property never gave the prior owner the legally required notice of the foreclosure proceeding, ...
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Read More »In re Ackah (Lawyers Weekly No. 011-266-17, 19 pp.) (Chris Dillon, J.) (Hunter Murphy, J., dissenting) Appealed from Wake County Superior Court (Kendra Hill, J.) N.C. App. Holding: When a homeowners’ association foreclosed on the respondent-owner’s property for failure to ...
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Read More »In re Iannucci (Lawyers Weekly No. 012-033-17, 7 pp.) (Richard Dietz, J.) Appealed from Buncombe County Superior Court (Sharon Tracey Barrett, J.) N.C. App. Unpub. Holding: By affidavit, an employee of the petitioner-bank’s servicing agent attested that (1) the original ...
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The Rules of Civil Procedure and doctrines of res judicata and collateral estoppel don’t apply to a non-judicial foreclosure proceeding, the North Carolina Supreme Court has ruled. Where a foreclosure was “dismissed with prejudice” by a superior court judge, that ...
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Read More »Hacker v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 002-026-16, 16 pp.) (W. Earl Britt, S.J.) 4:15-cv-00163; E.D.N.C. Holding: Plaintiff claims that defendants misled her and mistreated her when she applied for the Home Affordable Modification Program; however, many of ...
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Law firms retained to pursue foreclosure against homeowners are “debt collectors” subject to the federal Fair Debt Collection Practices Act, a federal appeals court ruled in a case involving law firm Samuel I. White PC from Virginia Beach, Virginia. In ...
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North Carolina Lawyers Weekly
