NC Court of Appeals | Your North Carolina Bankruptcy Expert

By Ed Boltz, 19 May, 2026

N.C. Ct. of Appeals: Myers v. Smoky Mountain Country Club Property Owners’ Association — Bankruptcy Confirmation Orders Still Matter, Even When the “Debtor” Is the POA

Summary:

In a pair of unpublished but fascinating decisions, the North Carolina Court of Appeals once again returned to the seemingly never-ending Smoky Mountain Country Club litigation saga, this time reversing a trial court that had attempted to relieve homeowners from paying assessments arising out of a Chapter 11 plan confirmed in the bankruptcy case of the property owners’ association itself.

By Ed Boltz, 18 May, 2026

N.C. Ct. App.: Frazier v. TitleMax of Virginia, Inc. — North Carolina Courts Continue Rejecting TitleMax’s Efforts to Escape Liability Through Arbitration and Choice-of-Law Clauses

Summary:

In a trio of unpublished but significant decisions, the North Carolina Court of Appeals affirmed arbitration awards against TitleMax arising from high-interest cross-border vehicle title loans made to North Carolina residents. The primary decision, Frazier v. TitleMax of Virginia, Inc., was accompanied by the companion cases of Jefferies v. TitleMax of South Carolina, Inc. and Hood v.

By Ed Boltz, 17 April, 2026

N.C. Ct. of App.: Yurk v. Terra Center- Possession may be 9/10ths of the Law, but Holding It Hostage Gets Expensive

Summary:

The Court of Appeals largely affirmed a substantial judgment against a storage operator that:

Took and held a debtor’s property for over three years
Moved it multiple times
Refused return unless the owner signed a liability release

Result:

Conversion, trespass to chattels, and UDTPA → affirmed

By Ed Boltz, 16 April, 2026

N.C. Ct. of App.: Figueroa v. Monsivais: When Dirt Meets Equity: Unrecorded Deals, “Desperate” Sellers, and the Limits of North Carolina’s Race Recording Statute

Summary:

The Figueroa v. Monsivais decision reads like a law school exam question—but with very real consequences for families who paid cash, moved in, and still ended up without title.

The Setup: Cash Paid, Possession Taken—But Nothing Recorded

By Ed Boltz, 2 April, 2026

N.C. Ct. of App.: Israel v. Zachary- Landlord Interference With Tenant’s Property Leads to Conversion Liability (Damages Remanded)

Summary:

In Israel v. Zachary, the North Carolina Court of Appeals affirmed that a landlord who interferes with a tenant’s efforts to retrieve property after eviction can be liable for conversion and unjust enrichment, though the court vacated the damages award for lack of sufficient valuation evidence.

By Ed Boltz, 13 March, 2026

N.C. Ct. of App.: Harris v. McLeod — Equitable Mortgages, Foreclosure Equity, and What Bankruptcy Could Have Done

In Harris v. McLeod (N.C. Ct. App. Feb. 4, 2026) (unpublished), the Court of Appeals reversed summary judgment in a dispute over whether an elderly homeowner’s deed to his nephew was an outright conveyance or merely security for a small tax debt—an equitable mortgage in substance if not in form.

By Ed Boltz, 12 March, 2026

N.C. Ct. of Appeals: Ray v. TitleMax of Virginia- itleMax’s Cross-Border Title Loans Create Personal Jurisdiction in North Carolina

Summary:

In Ray v. TitleMax, the North Carolina Court of Appeals affirmed the denial of a Rule 12(b)(2) motion to dismiss, holding that North Carolina courts may exercise specific personal jurisdiction over out-of-state TitleMax-affiliated lenders who made high-interest title loans to North Carolina residents—even where loan documents were signed across state lines.

By Ed Boltz, 23 January, 2026

N.C. Ct. of App.: Eagles v. Integon Indemnity Corp.: Receivership as the End-Run (Again), Standing Still Matters, and Bankruptcy’s Shadow Looms Large

Summary:

By Ed Boltz, 5 January, 2026

N.C. Ct. of App.: The Law Office of Robert Forquer v. Arcuri- Co-Signer on Deed Not Liable for Mortgage Payoff

Summary:

This case began as an interpleader filed by a closing attorney caught in the middle of a family property dispute — wisely deciding not to referee a fight over sale proceeds while trying to deliver clear title.

By Ed Boltz, 30 December, 2025

N.C. Ct. of App.: Horne v. Ginkgo Aurora- Chapter 75, Debt Collection, and the Problem of Injury

While this decision is, on its face, a fairly ordinary residential rental dispute—replete with mold allegations, maintenance requests, and implied-warranty skirmishing—the part that should actually catch the attention of consumer and bankruptcy attorneys is the Court’s treatment of the North Carolina Unfair and Deceptive Trade Practices Act and its companion Debt Collection Act provisions.

NC Court of Appeals