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Tag Archives: Real Property

Civil Practice – Pleadings – Multiple Plaintiffs & Defendants – Real Property – Bankrupt Developers (access required)

Allen v. Land Resource Group of North Carolina, LLC. In a case involving 22 plaintiffs, 29 defendants and at least 15 causes of action, it is imperative that plaintiffs' complaint specify which plaintiff(s) is alleging which cause(s) of action against which defendant(s). Plaintiffs have 30 days to file a statement of claims. N.C. R. Civ. P. 10(b) specifies that each paragraph in a pleading be limited to a single set of circumstances and that each claim is founded upon a separate transaction or occurrence. Rules 20 and 21 provide the courts and counsel with management tools to join or sever parties and claims in a manner that promotes judicial economy and justice. Clear and concise pleadings that spell out which claims are asserted against which defendants are essential to the decision-making process under Rules 20 and 21. Failure to properly plead separate causes of action and to identify specifically the party against whom a claim is asserted may be an indication of a Rule 11 violation. The amended complaint fails to tell the court or defendants which claims are asserted against which defendants by which plaintiffs.

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Attorneys: HUD forcing NC lawyers to break its own rules (access required)

The Department of Housing and Urban Development says it is eager to offload an unprecedented inventory of North Carolina residential real estate, but its own rules and contractors are inhibiting closings on sales of HUD-owned properties, attorneys say. "My experience with HUD has been that they have established some rules which have made it very difficult for them to liquidate real estate in my opinion," said Monroe attorney Lewis R. Fisher. "To further complicate matters, HUD has representatives who don't understand real estate law in North Carolina," he said.

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Attorneys – Discipline – Conflict of Interest – Real Property – Restrictive Covenants (access required)

North Carolina State Bar v. Sossomon. (Lawyers Weekly No. 10-16-0898, 20 pp.) (Rick Elmore, J.) Appealed from the State Bar. N.C. App. Unpub. Holding: When the defendant-attorney represented a woman who was selling land that had been in her family ...

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Tort/Negligence – Interference With Contract – Real Property Sale – Commission – Breach of Contract – Tenant’s Husband – Civil Practice – Different Judges – Same Issues – Appeals – Unpublished Citation (access required)

   McMahon & Associates, LLC v. Future Serenity, Inc. (Lawyers Weekly No. 10-16-0896, 17 pp.) (Sanford L. Steelman Jr., J.) Appealed from Iredell County Superior Court. (Mark Klass, J.) N.C. App. Unpub. Holding: Terry Edmundson signed a lease for her ...

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