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Real Property – Mortgages – Foreclosure – Injunction – ‘Application’ – TRO or Preliminary Injunction (access required)

Goad v. Chase Home Finance, LLC. In order to have a foreclosure sale enjoined pursuant to G.S. § 45-21.34, a plaintiff must not only file an application with the clerk of court but also obtain injunctive relief before the rights of the parties to the sale . . .

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Unauthorized trustee gives homeowners temporary reprieve (access required)

A Winston-Salem property owner will avoid foreclosure for the time being because a Forsyth County trial court failed to make a required finding in the owner's appeal of a clerk's decision to allow the foreclosure to proceed, according to an unpublished Court of Appeals ruling. The trial court should have determined whether the property owner's loan was a subprime loan as defined under G.S. § 45-101(4), and if it was, it should have determined whether a pre-foreclosure notice described in G.S. § 45-102 was provided and whether the periods of time established by law had elapsed, the panel said. Because it did not, the Court of Appeals reversed the trial court's order.

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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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