Tag: service

N.C. Court of Appeals: In re Powell- Sufficiency of Notice of Foreclosure

Summary:

After falling delinquent on her mortgage in September of 2012, Nationstar sent a notice of default to Powell on March 5, 2013. This was followed by a notice of her right to dispute the debt. On April 26, 2013, the Substitute Trustee commenced foreclosure attempting service through the Sheriff’s office. Unable to serve Powell, the deputy posted the foreclosure notice on her door. Further notice was attempted through certified mail on May 1, 2013, but this was returned as unclaimed. After the foreclosure was final, Powell sought to have it set aside, asserting she had not received notice.

Powell appealed arguing N.C.G.S.… Read More

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Bankr. E.D.N.C.: In re Exum- Notice pursuant to Bankruptcy Rule 7004(h)

Summary:

The Debtors brought a Motion for Sanctions against Sun Trust, serving the motion by certified mail, return receipt requested, to the attention of the “Officer or Managing Agent” at the address listed on the Proof of Claim filed by Sun Trust, at the address listed on the billing statements and one additional address. Sun Trust did not respond to the Motion for Sanctions sought reconsideration of the Order granting sanctions on the basis that the Debtors were required to serve the Motion, as Sun Trust is an FDIC insured institution, on its Chief Executive Officer, as disclosed with the North Carolina Secretary of State.… Read More

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