NC Court of Appeals

Summary:

The Hunoval Law Firm and its married partners, Mathias Hunoval and Christina Hunoval, were sued by Everbank for failure to make payments on its lease, with Christina Hunoval representing the Law Firm, as well as herself and her husband. Everbank sought to disqualify Ms. Hunoval as acting as counsel under Rule 3.7 of the North Carolina Rules of Professional Conduct because she was a necessary witness. The exceptions to Rule 3.7 allow attorney representation if:

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Summary:

Curnin granted a Deed of Trust originally to Bank of America, but now held by MTGLQ, with a property description which included the property’s lot number and the phase of the development (“STAGE I”)but without any reference to the book and page numbers where a title searcher could find the map recorded in the Brunswick County. MTGLQ brought an action to quiet title and to reform the Deed of Trust to include the full reference.

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Summary:

Sampson County sought to collect $2.6 million from Aaron’s Rent-to-Own for personal property taxes owed for the period from 2010 through 2015 for the property which Aaron’s leased to consumers.  Aaron’s argued that the property was “in the process of being sold” and qualified as inventories under N.C.G.S. § 105-275(34).  The Tax Commission held that by Aaron’s renting the property to third parties, it was not entitled to the exclusion from personal property taxes.

Summary:

Mr.  Bryan refinanced his home in 2007, with two mortgages, ultimately held by Nationstar, originally totaling $657,000.  In August 2009, Mr.  Bryant’s home was destroyed by fire, but was fortunately insured for up to $649,000.  By May of 2013, when the home had still apparently not been rebuilt and the insurance proceeds not disposed of, Nationstar brought a “secret lawsuit” against the insurance carrier and settled that suit for $445,000.  Nationstar then commenced foreclosure against Mr.  Bryant, asserting

Summary: The Frucellas purchased a home with a mortgage note from The Lotham & Nettleton Co. In 1985. In 1997, a Notice of Substitution of Trustee was filed providing, among other things, that Crestart Bank was the holder of the note.

Summary: Reserve Homeowners Association commenced a foreclosure against residential rental property owned by Ms. Ackah for unpaid homeowner’s association dues. Notice of the sale was left at the property and notices sent (and returned unclaimed) to other family members. Ultimately, the property was purchased by the Jones Family Holdings a the sale. Finding that Ms. Ackah did not receive actual notice of the foreclosure , the superior court accordingly set aside the sale. The majority of opinion of the Court of Appeals held that N.C.G.S.

Summary: After the death of her Melvin Clayton, Wells Fargo accelerated the reverse mortgage note and sought to foreclose on the residence still owned by Mrs. Clayton. The Court of Appeals held that even though Mrs. Clayton was identified as a “borrower” on the Deed of Trust, Melvin Clayton was “the only contemplated borrower to the reverse-mortgage agreement, as he alone executed [those] documents and was obligated under them.” Mrs. Clayton was, due to her age, ineligible to be a borrower under the reverse mortgage, which, pursuant to N.C.G.S.