Gathings granted a Deed of Trust to Countrywide, later succeeded by Bank of America. The Deed of Trust included the correct Property Identification Number and physical address, but had an incorrect legal description. The property was subsequently sold at a foreclosure sale for homeowners dues to CPI, which did not discover the Deed of Trust in favor of Bank of America. Bank of America subsequently brought action to quiet title.
Although “[a] deed of trust containing a defective description of the subject property is a defective deed of trust and provides no notice, actual or constructive, under our recordation statutes.” Fifth Third Mortg.… Read More
A quit claim deed, recorded with the Buncombe Register of Deeds on May 14, 2009, was blank as to the legal description and only included the handwritten entry “Parcel #960704498200000.”. On April 29, 2010, a “Affidavit of Correction” was recorded including the legal metes and bounds description.
The Court of Appeals held that the quit claim deed was void as it inadequately described the property, holding that a tax PIN alone was insufficient. The Court distinguished Fisher v. Town of Nags Head, ___ N.C. App. ___, 725 S.E.2d 99 (2012), as there “the description of the [property to be condemned] utilize[d] terms that are well defined in the referenced portion of the Administrative Code, such that a surveyor with experience in oceanfront properties could accurately determine the [property].” and GMAC Mortg., LLC v.… Read More