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.
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.
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 agains
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.
Summary:
In previously ruling on the foreclosure by power of sale on this property, the North Carolina Supreme Court upheld that foreclosure, finding that the Deed of Trust contained a sufficient description to identify the real property. See In re Foreclosure of a Deed of Trust Executed by Reed, 233 N.C. App. 598, 758 S.E.2d 902, 2014 N.C. App. LEXIS 381 (2014). Subsequently, but before the foreclosure sale was completed, Mr. Howse and Ms. Reed brought a separate suit in Superior Court, raising equitable grounds to enjoin the foreclosure.
Summary:
Melvin Clayton obtained a reverse mortgage, granting a Deed of Trust against his home. His wife, Jackie, was ineligible for the reverse mortgage (presumably because she was not old enough), so did not sign the note, but did sign the Deed of Trust. The note included a provision that accelerated the debt upon his death, unless a “surviving borrower” continued to reside in the home. Upon Melvin Clayton’s death, Wells Fargo sought to foreclose.
The Court of Appeals held that as N.C.G.S.
