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Tag Archives: Priority

Real Property – Deed Reformation – Scrivener’s Error – Deed of Trust – Priority

S.T. Wooten Corp. v. Front Street Construction, LLC After the defendant-bank’s deed of trust on the defendant-owner’s property was recorded, and after the plaintiff-subcontractor performed work on the property, the owner and grantor recorded a new deed to correct a scrivener’s error that had incorrectly conveyed only a one-half interest to the owner when both parties intended that a 100 percent interest be conveyed. In order to reflect the corrected deed, the bank’s deed of trust was re-recorded, but this occurred after the subcontractor had performed work on the property. The trial court correctly reformed the deed and declared the bank’s deed of trust superior to the subcontractor’s lien.

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Real Property – Mortgages – Contractor’s Lien – Priority

Wachovia Bank National Association v. Superior Construction Corp. A construction company’s lien has priority over that created by the bank’s deed of trust. The trial court erred by construing partial lien waivers to effectively change the date of first furnishing and ruling that the partial lien waivers merely precluded the construction company from asserting a lien relating to the amounts already paid for work performed without having any further effect. We reverse and remand.

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Bankruptcy – Labor & Employment – Severance Plan – Earned Compensation — Priority

Matson v. Alarcon The 4th Circuit affirms a bankruptcy court holding that terminated employees of debtor LandAmerica Financial Group “earned” their severance compensation on the date they became participants in the debtor company’s severance plan immediately after their termination, and rejects the trustee’s position that only a pro-rated portion of the claims had been “earned” in the 180 days before the bankruptcy petition.

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Intellectual Property – Trademark-Infringement Claim – Priority – Prior Use – Corporate Dissolution – Federal Registration – Abandonment

Daniel Group v. Service Performance Group, Inc. Even though defendant's predecessor-in-interest, an Illinois corporation, was dissolved for nearly five years before defendant was incorporated in North Carolina, the shareholders of both corporations continued to use the . . .

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