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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:

By Ed Boltz, 3 December, 2019

N.C. Court of Appeals: Colton v. Bank of America- Fraudulent Inducement not to file Bankruptcy

Summary:Daniel Colton fell delinquent on his mortgage with Bank of America in 2009 and began considering filing bankruptcy, but instead sought to refinance or obtain a loan modification. That process stretch for several years, during which time Bank of America entered into the National Mortgage Settlement. Bank of America then in 2012, despite previous indications that it was willing to refinance the mortgage, declined to do so. Mr. Colton again indicated that he intended to declare bankruptcy. Bank of America encouraged Mr.

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