Real Property was owned by Walter Davis and his wife, Shelvia Davis, as tenants by the entireties. Deed of Trust listed "Walter Davis, A Married Man" as the grantor, but Shelvia Davis was both present at the closing and had signed and/or initialed several of the documents.
The Court of Appeals held that while Wachovia had failed to provide timely notice of the hearing on a Motion for Summary Judgment, the Davis's, who appeared pro se, had proper notice of the motion itself and being present at the hearing had not show any evidence of prejudice in not receiving notice of the hearing. The Davis's had requested a continuance of the hearing on the Motion for Summary Judgment, but argued neither at that time nor on appeal that they had needed additional time to produce evidence.
The Court of Appeals also rejected the Davis's argument that the trial court should not have imposed an equitable lien and instead only allowed Wachovia to foreclose on the original Deed of Trust (lacking Mrs. Davis as a grantor.) The Court of Appeals found that that the Davis's had presented neither facts nor law supporting the position that foreclosure on that defective Deed of Trust provided Wachovia an adequate remedy at law, leaving the imposition of an equitable lien the only recourse available.
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