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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

N.C. Ct. of App.: Pangea Capital v. Lakian- Property Must be Residence for Homestead Exemption

Summary:

By Ed Boltz, 14 March, 2021

N.C. S.Ct.: Raleigh Housing Authority v. Winston- Insufficient Description in Lease Termination

Summary:

By Ed Boltz, 16 February, 2021

N.C. Ct. of App: Wilmington Savings Fund Society v. Hall- Indorsement of Mortgage Notes and Ratification of Transfers by Loan Modification

Summary:

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