In re Rawls (Lawyers Weekly No. 15-07-0941, 12 pp.) (Valerie Zachary, J.) Appealed from Caldwell County Superior Court (C. Thomas Edwards, J.) N.C. App. Holding: In this foreclosure proceeding, petitioner produced the original note indorsed in blank. This was sufficient ...

Tagged with: mortgages

Real Property – Mortgages – Foreclosure – Collateral Attack – Unfair Trade Practices Thompson v. Bank of America, N.A. (Lawyers Weekly No. 15-16-0790, 11 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. ...

Tagged with: Bank of America mortgages

In re Foreclosure of Clark (Lawyers Weekly No. 15-16-0381, 10 pp.) (Lucy Inman, J.) Appealed from Buncombe County Superior Court (Sharon Tracey Barrett, J.) N.C. App. Unpub. Holding: Even though the deed of trust says the lender – rather than ...

Tagged with: mortgages power of sale

In re Foreclosure of Brown (Lawyers Weekly No. 15-07-0350, 8 pp.) (Rick Elmore, J.) Appealed from Buncombe County Civil Court (J. Thomas Davis, J.) N.C. App. Holding: Appellants stopped making payments on their promissory notes (secured by deeds of trust) ...

Tagged with: mortgages

Macon Bank, Inc. v. Gleaner (Lawyers Weekly No. 15-07-0241, 12 pp.) (Donna Stroud, J.) Appealed from Macon County Superior Court (Bradley Letts, J.) N.C. App. Holding: Each of the parties’ two promissory notes qualifies as a commercial loan commitment exceeding ...

Tagged with: mortgages statute of frauds

In re Foreclosure of L.L. Murphrey Co. (Lawyers Weekly No. 14-07-0937, 24 pp.) (Rick Elmore, J.) Appealed from Greene County Superior Court (Paul Jones, J.) N.C. App. Holding: Although a bankruptcy court order noted that the lender had failed to ...

Tagged with: Bankruptcy mortgages

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.

Tagged with: Civil Practice Collateral Attack foreclosure mortgages notice Real Property

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.

Tagged with: mortgages

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.

Tagged with: Contract Materialman's Lien mortgages Real Property Unjust Enrichment

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.

Tagged with: Civil Practice Fair Debt Collection Practices Act Federal Jurisdiction mortgages