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By Ed Boltz, 29 May, 2024

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

Summary:

By Ed Boltz, 29 May, 2024

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

Summary:

By Ed Boltz, 22 March, 2024

N.C. S.Ct.: Taylor v. Bank of America- Statute of Limitations for Fraud in Mortgage Modification runs from Foreclosure Date

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, 14 March, 2021

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

Summary:

By Ed Boltz, 22 August, 2017

N.C. S.Ct.: Christenbury Eye Center, P.A. v. Medflow Inc.- Date from which Statute of Limitations Runs

Summary: In an unfulfilled business agreement, over a period of fourteen (14) years, Medflow, Inc. never made any royalty payments, never provided a written sales reports ,and never obtained consent for restricted sales. When Christenbury Eye Center, P.A. brought suit for such, the trial court dismissed the case as the various claims were stale under the applicable Statutes of Limitations.
By Ed Boltz, 21 August, 2014

N.C. S. Ct.: RL Regi v. Lighthouse Cove- Waiver of Statutory Rights Enforceable

RL Regi v. Lighthouse Cove- Waiver of Statutory Rights EnforceableSummary: Regions Bank, the predecessor to RL Regi, providing commercial financing for real estate development for Lighthouse Cove, which was guaranteed by the individual business partners and their spouses, including Lionel L. Yow and his wife, defendant Connie S. Yow.
By Ed Boltz, 5 August, 2014

N.C. S. Ct.: DocRX v. EMI - Full Faith and Credit Precludes Attack on Foreign Judgment based on Intrinsic Fraud

Summary: The North Carolina Supreme Court affirmed the earlier opinion from the Court of Appeals that “the defenses preserved under North Carolina’s UEFJA are limited by the Full Faith and Credit Clause to those defenses which are directed to the validity and enforcement of a foreign judgment.” For a copy of the opinion, please see: DocRX v.
By Ed Boltz, 5 August, 2014

N.C. S. Ct.: Dallaire v. Bank of America- No Fiduciary Duty between Borrower and Lender

Summary: The Dallaire purchased their home in 1998 for $173,660.00. They filed a Chapter 7 bankruptcy in the Middle District of North Carolina, case number 05-53774, on October 13, 2005, and at that time had three mortgages against the property- the first and second mortgages were both held by Bank of America, in the amounts of $138,900 and $25,000, respectively, and a lien for a business loan to BB&T, in the amount of $241,449.37. The Dallaires received a discharge and did not reaffirm any of the three obligations.

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