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By Ed Boltz, 8 March, 2013

N.C. Supreme Ct.: In re Bass- Stamped Indorsement is Sufficient for Transfer

Summary: The first indorsement in a chain of transfers of a mortgage note was simply a stamp, without an accompanying signature or initials. After falling behind on mortgage payments, Bass, relying on Econo-Travel Motor Hotel Corp. v. Taylor, 301 N.C. 200 (1980), challenged the standing of U.S. Bank as the holder of the note, arguing that it had not been properly indorsed. The North Carolina Supreme Court rejected this argument relying on the broad definition of “signature” in the Uniform Commercial Code (UCC), at N.C.G.S.
By Ed Boltz, 9 October, 2012

N.C. S.Ct.: In re Johnson- Homeowner Association Assessments must be Uniform and Pro Rata

Summary: The Starboard Association administers a condominium consisting of 33 separate buildings.
By Ed Boltz, 20 June, 2012

N.C. Supreme Court: Willis v. Willis- Mistake of One Party Insufficient to Reform Deed

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.
By Ed Boltz, 19 June, 2012

N.C. Supreme Court: Charlotte-Mecklenburg Hospital Authority v. Talford- Standard for Establishing Medical Debts

Summary: Mr. Talford received medical treatment at the Charlotte-Mecklenburg Hospital (“CMH”), but was unable to pay the asserted $14,419.57 bill.
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. § 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.

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