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Tag Archives: foreclosure

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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A new foreclosure defense? (access required)

A case pending before the North Carolina Court of Appeals and a local federal court could provide a new defense against foreclosure for certain homeowners. W. Cory Reiss of Shipman & Wright in Wilmington is arguing that Wells Fargo was required to offer his clients a loan modification under mandatory federal regulations issued by the U.S. Department of Housing and Urban Development. In 2008, Wells Fargo gave his clients, Timothy and Nicole Raynor of Wilmington, a $221,777 home loan that was insured by the Federal Housing Administration. Two years later, the Raynors applied for a loan modification after falling behind on their mortgage payments.

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Real Property – Condominium Development – Assessments – Uniformity Requirement – Foreclosure (access required)

In re Proposed Foreclosure of Claim of Lien against Johnson The petitioner-condominium association violated the uniformity requirements of the Unit Ownership Act and the condo development’s declaration when it made renovations and assessments for one building separately from the development’s other 32 buildings.

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Civil Practice – Federal Jurisdiction – Removal & Remand – Real Property – Foreclosure – S.C. Law Firm (access required)

Rogers Townsend & Thomas, P.C. v. Boehm Defendant removed this real property foreclosure action to federal court based, in part, on the fact that the beneficiary of her deed of trust is a South Carolina law firm. However, the substitute trustee is a North Carolina resident like defendant. Moreover, an action is not removable if the action is brought in defendant’s home state.

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Civil Practice – Motion to Continue – Retain Counsel – Sufficient Time – Real Property – Mortgages – Foreclosure (access required)

In re Foreclosure of the Deed of Trust of Johnson In this foreclosure action, respondent had seven weeks after he filed a pro se appeal, and five weeks after he received notice of the hearing of his appeal, to hire a lawyer. At the hearing, respondent claimed to have hired an attorney who was prevented from appearing by a death in the family, but respondent admitted that he had not paid the attorney to represent him. The trial court did not abuse its discretion when it denied respondent’s motion to continue.

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