Tag: lis pendens

N.C. Court of Appeals: Currie v. Poteat- Nunc Pro Tunc and Lis Pendens

Summary:

In February 2003, Currie, serving as the executor for the Estate of Della Brown, brought suit against the Poteats, for conversion of funds which were used to purchase their home, filing a notice of lis pendens on March 13, 2003. This action was subsequently voluntarily dismissed without prejudice in open court on September 7, 2004, so that Currie could be re-qualified as the executor of the estate. On September 8, 2004, the Potent’s attorneys recorded a Deed of Trust against their home, securing the unpaid attorneys’ fees, and transferring a remainder interest to the Potent’s daughter, with a reservation of a life estate.… Read More

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N.C. Court of Appeals: REO Properties v. Smith- Constructive Notice of Lis Pendens

Summary:

In 1986, the Smiths acquired title to Lot #184 of Crestview Subdivision, 106 Crestview Terrace, in Davidson County, Thomasville, North Carolina (“the property”) and recorded the Deed. The Smiths executed a promissory note in the principal amount of $96,000 (“the Note”) to New Century Mortgage Corporation (“New Century”) secured by a Deed of Trust on the property that was recorded on 16 December 2002. The Deed of Trust included the correct address of the property as 106 Crestview Terrace, Thomasville, North Carolina, the legal description attached to the Deed of Trust did not, however, fully and completely describe the property.… Read More

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