NC Court of Appeals

By Ed Boltz, 23 January, 2022

N.C. Court of App.: Reverse Mortgage Solutions v. Dufault- Inadequate Description of Real Property in Deed of Trust

Summary:

Paul and Anita Richardson purchased a 1.26 acre tract of land ("main property") from Old Fort Golf Course in 1962 and then in 1978 purchase two adjacent parcels consisting of 0.181 acres and 0.009 acres ("adjacent properties"). All three parcels had the same mailing address and tax parcel identification number.

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Pedlow v. Kornegay- Statute of Limitations for Notes Signed Under Seal Supersedes UCC

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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

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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

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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

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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

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By Ed Boltz, 13 April, 2021

N.C. Ct. of App.: Pangea Capital v. Lakian- Property Must be Residence for Homestead Exemption

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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

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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.

NC Court of Appeals