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Tag Archives: lis pendens

Civil Practice – Failure to Prosecute – Real Property – Mortgages – Foreclosure – TRO – Lis Pendens (access required)

Dillahunt v. First Mount Vernon Industrial Loan Association. (Lawyers Weekly No. 11-16-0004, 25 pp.) (Martha A. Geer, J.) Appealed from Craven County Superior Court. (Benjamin G. Alford, J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal (access required)

Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Real Property – Lis Pendens – Deed of Trust – Quiet Title – Notice (access required)

Kelley v. Citi Financial Services, Inc. The plaintiff stated a cause of action to quiet title where he filed a lis pendens placing the mortgagee on notice of his putative right to quiet title before a third party mortgaged the property, which was subsequently quitclaimed to the plaintiff pursuant to a consent order entered in the case that was the subject of the lis pendens.

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‘Textbook clarity’ in lis pendens case extinguishes lien (access required)

Winston-Salem real estate developer T. Michael Kelley had his moment in the Court of Appeals' spotlight last week. It was his second such moment this month. The Court of Appeals reversed a trial court's dismissal of his quiet-title action and remanded the case for entry of summary judgment in Kelley's favor in June 20's Kelley v. Citi Fin. Servs., Inc. (Lawyers Weekly No. 10-07-0668, 15 pp.).

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