NC Courts

By Ed Boltz, 23 January, 2022

N.C. Court of App.: Reverse Mortgage Solutions v. Dufault- Inadequate Description of Real Property in Deed of Trust

Summary:

Paul and Anita Richardson purchased a 1.26 acre tract of land ("main property") from Old Fort Golf Course in 1962 and then in 1978 purchase two adjacent parcels consisting of 0.181 acres and 0.009 acres ("adjacent properties"). All three parcels had the same mailing address and tax parcel identification number.

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Pedlow v. Kornegay- Statute of Limitations for Notes Signed Under Seal Supersedes UCC

Summary:

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Hedgpeth v. SMCC Clubhouse, LLC- State Court Lacks Subject Matter Jurisdiction over matters pending in an Open Bankruptcy Case

Summary:

By Ed Boltz, 4 December, 2021

N.C. Ct. of Appeals: BB&T v. GPAR FF, LLC- Reformation of Deed of Trust due to Mutual Mistake

Summary:

By Ed Boltz, 3 December, 2021

N.C. Ct. of App.: Ascendum Machinery v. Kalebich: No Personal Liability for Guaranty

Summary:

Mr. Kalebich was the General Manager for Duke Recycling and, in the course of his duties, on November 3, 2016, signed a guaranty for financing from Ascendum Machinery. Duke Recycling eventually failed and was liquidated. Ascendum then sued Kalebich for the $18,475.83 balance owed to it by Duke Recycling, alleging that he had executed the Guaranty in his individual capacity.

By Ed Boltz, 26 July, 2021

N.C. Ct. of App.: Murray v. Deerfield Mobile Home Park- Statute of Frauds and Tenancy by the Entireties

Summary:

By Ed Boltz, 24 May, 2021

N.C. Ct. of App.: Executive Office Park of Durham Association v. Rock- Failure to Include Power of Sale in Association Covenants

Summary:

By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 13 April, 2021