Although the October 7, 2006, deed of trust said the grantor’s debt was evidenced by a promissory note “of even date herewith,” and even though the promissory note was dated Nov. 7, 2006, since both documents were notarized on Nov. ...

Tagged with: mortgages

Numerous affidavits from CitiMortgage support the trial court’s finding of fact 12: “After the [debtors’] Note and Deed of Trust were transferred to CitiMortgage, the original Note was lost. CitiMortgage offered testimony by affidavit that 1) CitiMortgage was in possession ...

Tagged with: mortgages

Although the defendant-landowners/debtors contend that the doctrine of unclean hands estops the plaintiff-bank from bringing its claim to reform defendants’ deed of trust, since the actions upon which defendants base their unclean hands argument were collateral to the transaction for ...

Tagged with: mortgages

Where respondent – the disabled son of the late borrower – made the three mortgage payments that had been missed because of his father’s death and set up an automatic withdrawal for future payments, but where the petitioner-bank attempted to ...

Tagged with: mortgages

After respondent placed the high bid at a power-of-sale foreclosure sale, the borrowers timely cured their default and reinstated their loan. Although the 10-day upset period had elapsed by the time respondent received a return of its deposit, the return ...

Tagged with: mortgages

After respondent placed the high bid at a power-of-sale foreclosure sale, the borrowers timely cured their default and reinstated their loan. Although the 10-day upset period had elapsed by the time respondent received a return of its deposit, the return ...

Tagged with: mortgages

Wilson v. SunTrust Bank (Lawyers Weekly No. 011-401-17, 21 pp.) (Valerie Zachary, J.) Appealed from Catawba County Superior Court (Gregory Hayes, J.) N.C. App. Holding: Plaintiff alleges that the 2010 foreclosure on her house was the result of fraud; however, ...

Tagged with: mortgages

U.S. Bank National Association v. Pinkney (Lawyers Weekly No. 012-119-17, 5 pp.) (John Arrowood, J.) Appealed from Forsyth County Superior Court (Patrice Hinnant, J.) On remand from the N.C. Supreme Court. N.C. App. Unpub. Holding: Since the complaint does not ...

Tagged with: mortgages

Bank of North Carolina v. 15 River Project, LLC (Lawyers Weekly No. 012-096-17, 5 pp.) (Richard Dietz, J.) Appealed from Guilford County Superior Court (David Hall, J.) N.C. App. Unpub. Holding: Our case law is clear that a lender may ...

Tagged with: mortgages

U.S. Bank N.A. v. Pinkney (Lawyers Weekly No. 010-051-17, 11 pp.) (Paul Newby, J.) Appealed from Forsyth County Superior Court (Patrice Hinnant, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Since the plaintiff-bank seeks judicial ...

Tagged with: mortgages