Dobson v. Substitute Trustee Services, Inc. Our Court of Appeals held that the superior court erred when it granted summary judgment for the plaintiff-borrower. The Court of Appeals noted that (1) plaintiff had not forecasted evidence contradicting defendants’ evidence that Wells Fargo was the noteholder and (2) the amount owed could be calculated from materials produced by defendants. We affirm.

Tagged with: foreclosure mortgages Real Property

Petty v. City of Kannapolis As the city presented evidence that it has an easement, and plaintiffs have not presented any evidence which raises any genuine issue of material fact regarding the existence of the easement across their property, the trial court properly granted summary judgment in favor of the city.

Tagged with: easement Real Property summary judgment

Robinson v. Hope Attorney’s fees incurred as a result of the alleged wrongdoings of real estate agents cannot be recovered since (1) this would effectively erode the long-standing rule in North Carolina that attorneys’ fees are not recoverable as an item of damages absent statutory authority for such an award and (2) there is no meaningful distinction between real estate agents and other professionals in this state who maintain a fiduciary relationship with their clients or others.

Tagged with: Attorney’s Fees Breach of Contract Damages Real Property

In re: Fifth Third Bank, N.A. - Village of Penland Litigation A doctor, who was compelled to arbitrate his claims against two banks after he failed to honor his personal guarantee, failed to show that the award should be vacated on the grounds that the arbitrator’s decision rested on a manifest disregard of the law.

Tagged with: Arbitration Real Property

Collier v. Bryant The testator’s will directed his executrix to sell his real property and divide the proceeds among his four children unless all four agreed to divide the property. Since the executrix was one of the testator’s four children, the will gave her the right to sell the testator’s real property; title to the real property did not vest in the testator’s children upon his death. We affirm in part and reverse in part the trial court’s dismissal of the plaintiffs’ claims.

Tagged with: Real Property Tort/Negligence trusts & estates Wills

In re Clarendon Holdings, LLC Where the debtor seeks to surrender its encumbered real property to the creditor in satisfaction of the creditor’s secured claim, the court finds it appropriate to value the property at its fair market value rather than its liquidation value. The court concludes that the value of the property the debtor proposes to surrender to the creditor in satisfaction of the creditor’s $487,229.14 claim is $475,000, which is the fair market value as determined by the creditor’s expert. The remaining amount of the creditor’s claim will be dealt with in the debtor’s plan as an unsecured claim.

Tagged with: Bankruptcy Fair Market Value mortgages Real Property Valuation

GMAC Mortgage, LLC v. Miller A deed of trust’s property description referred to a tax parcel and a deed. These references plus the selling price and the type of mortgage were sufficient to show that the parties intended to encumber both tracts owned by the defendant-borrowers. We affirm the trial court’s conclusion that plaintiff had a valid first lien on the property. We remand for modification of the interest award.

Tagged with: mortgages Real Property

Stepp v. Owen Although the plaintiff-real estate agent found a willing buyer during the period of the parties’ exclusive listing agreement, there were several contingencies in the offer that were never fulfilled. Even though the agent kept working with that offeror after the listing agreement expired, there was no evidence that the agent had any contact with the eventual buyer, with whom the defendant-seller contracted more than a year after the listing agreement expired. The agent failed to show she was entitled to a commission. We affirm the directed verdict for the seller.

Tagged with: Contract extension Real Property

RBC Bank v. Hedesh Where the defendant South Carolina attorneys’ only connections to North Carolina are the location of the plaintiff-lender and the residence of two out of 15 real estate purchasers, North Carolina lacks personal jurisdiction over the South Carolina attorneys. This matter is transferred to the District of South Carolina.

Tagged with: Banks & Banking Civil Practice mortgages personal jurisdiction Real Property

Tripp v. Tripp Where the plaintiff-husband had already submitted the issue of the ownership of a tract of land in Kure Beach to the Brunswick County District Court in an equitable distribution action, the New Hanover County Superior Court lacked subject matter jurisdiction over the husband’s action against his wife to quiet title in the same land. We affirm the superior court’s dismissal of the quiet title action; however, we remand with instructions to enter a dismissal without prejudice.

Tagged with: equitable distribution Real Property subject-matter jurisdiction