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By Ed Boltz, 17 April, 2012

N.C. Court of Appeals: Songwooyarn Trading Company v. Sox Eleven- Restriction of Transfer of Property Pending Determination of Exemptions

Summary: Songwooyarn Trading Company (STC) obtained a judgment against Defendant Ahn, among others.  Ahn filed a Motion to Claim Exempt Property, to which STC objected, specifically contending that Ahn had failed to list all non-exempt property, had undervalued property, and attempted to exempt property beyond that allowed by North Carolina law.  The trial court held that Ahn had failed to comply with the statutory requirements for claiming exempt property, but allowed Ahn the opportunity to refile his claimed exemptions.  STC again objected and subpoenaed docu
By Ed Boltz, 30 January, 2012

N.C. Supreme Court: In re Vogler Realty- Review of Attorney's Fees for Foreclosure Trustee by Clerk of Court not Authorized

Summary: In foreclosing on a Deed of Trust, the Trustee was paid  costs and expenses consisting of a commission, pursuant to N.C.G.S. ยง 45-21.15(a),  of 5% of the highest bid and Trustee's attorneys fees of 15% of the outstanding promissory note on which behalf he was acting.  This resulted in third lien-holder receiving only partial payment and the fourth lien-holder receiving nothing.  The third lien-holder filed a motion with the Clerk of Superior Court arguing that under N.C.G.S.
By Ed Boltz, 6 December, 2011

N.C. Court of Appeals: In re Carver Pond- Merger Documents are Sufficient to show that a Party is the Holder of a Note

Summary:

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