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Tag Archives: mortgages

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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Civil Practice – Service of Process – Real Property – Mortgages – Foreclosure – Deficiency Action (access required)

Bank of North Carolina v. Equity Partners, Inc. Since the notice of foreclosure that the plaintiff-bank sent to 1340 S. Ocean Blvd. in Pompano Beach, Florida was returned, marked “RETURN TO SENDER, UNCLAIMED, UNABLE TO FORWARD,” it was not unreasonable for the bank to send the notice of hearing to other addresses and not attempt service at the 1340 S. Ocean Blvd. address again.

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Real Property – Contract – Materialman’s Lien – Subsequent Purchaser – Mortgages – Unjust Enrichment (access required)

John Conner Construction, Inc. v. Grandfather Holding Co. Where the plaintiff-contractors started working on the land at issue for defendant Grandfather Holding Co. before Grandfather Holding even entered into formal negotiations to buy the land, the contractors had no statutory right to file a claim of lien on the property.

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Mortgages – Fair Debt Collection Practices Act – Civil Practice – Federal Jurisdiction – State Foreclosure Action (access required)

Wilson v. Suntrust Bank Even though plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim may arise out of the same events that were the subject of a foreclosure action in state court, a similar action in state court does not deprive this court of jurisdiction.

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