Summary: Despite the Full Faith and Credit Clause of the U.S.

Summary: John Conner Construction (“JCC”) and the other plaintiffs, provided labor and materials for the improvement of a parcel of land owned by Grandfather Holding Company (“GHC”), which had obtained financing for the purchase and improvement of the parcel from Mountain Community Bank (“MCB”). The construction was commenced prior to GHC actually purchasing the property. On completion of the construction, JCC presented a bill for $1,377,774.02, but GHC only had $262,000 remaining from the financing. This amount was paidl, leaving a substantial balance.

Summary: The Starboard Association administers a condominium consisting of 33 separate buildings.

Summary: Global Acceptance Credit, a debt collector and debt buyer, sued Dayton for a debt. Global did not attach a copy of the contract or other writing signed by Dayton evidencing the debt, in violation of N.C.G.S. § 58-70-150. Dayton moved to dismiss, but the trial court allowed amendment of the complaint to include such documents, finding that no new causes of action were asserted, no undue delay or undue prejudice would result. The trial court did, however, note that the attorney for Global “should have paid better attention to N.C.G.S.

Summary: In a prior related case, the Plaintiffs brought class action suit against Credit Collections Defense Network (“CCDN”) and several individuals, as attorneys associated with CCDN, alleging a scam that involved promises to assist debtors in legally avoiding credit card debts. See Lucas v. R.K. Lock & Assoc., 710 S.E. 2d 707 (N.C. Ct. App. March 2011).

Summary: The Manuels fell behind on their mortgage and engaged the assistance of Secure Property Solutions (“SPS”) (which is not a party to this action) and Gembala, an attorney licensed in Pennsylvania and New Jersey, in what the Manuels eventually regarded as a “mortgage modification scam.” The Manuels initially filed suit in federal district court alleging various RICO and North Carolina state law violations.

Summary: Janice Willis had two sons, Eddie and Anthony. In December 2004 she drafted a will bequeathing “any interest that I may own in my home place” to Eddie, expressing her “wish” that, if she conveyed the property to Eddie before her death and he decided to sell it, Eddie would divide the proceeds with his brother Anthony. The will also bequeathed the residue of her estate to Eddie and Anthony in equal shares, to pass to their children per stirpes if either or both predeceased her. Mrs.

Summary: Epes was the guarantor of a lease on behalf of the lessee, CRC Management. CRC eventually sold its assets to Fuddruckers. In April 2010, Fuddruckers filed bankruptcy. In July 2010, Epes brought an action for a declaratory judgment that he no longer had any liability under the guaranty, however summary judgment was granted to the Defendants. The Court of Appeals affirmed the summary judgment for the defendants, finding that the lease included the filing of bankruptcy.

Summary: Dorothy Vogler died testate, with her debts exceeding the value of her real and personal property. Chris Vogler, the executor of her estate, initiated a special proceeding for the purpose of obtaining authorization to sell the real estate that Ms. Vogler had owned at the time of her death and to use the proceeds to pay her debts. Such sale was authorized and subsequently confirmed on January 12, 2011, with the Clerk authorizing payment of the costs of the proceeding and the remaining balance on the mortgage owed to Bank of America (“BOA”) on the real property.

Miller v. Orcutt- Damages as Result of Preference.pdfSummary: The Plaintiffs purchased a home with Countrywide Home Loans providing first mortgage. In addition, the Plaintiffs borrowed the down payment of $56,000 from the Female Plaintiff’s father, Stephen Barnwell (“Barnwell”).