Summary:
Despite the Full Faith and Credit Clause of the U.S.
By Ed Boltz, 10 October, 2012
Summary:
John Conner Construction (“JCC”) and the other plaintiffs, provided labor and materials for the improvement of a parcel of land owned by Grandfather Holding Company (“GHC”), which had obtained financing for the purchase and improvement of the parcel from Mountain Community Bank (“MCB”). The construction was commenced prior to GHC actually purchasing the property. On completion of the construction, JCC presented a bill for $1,377,774.02, but GHC only had $262,000 remaining from the financing. This amount was paidl, leaving a substantial balance.
By Ed Boltz, 9 October, 2012
Summary:
In a prior related case, the Plaintiffs brought class action suit against Credit Collections Defense Network (“CCDN”) and several individuals, as attorneys associated with CCDN, alleging a scam that involved promises to assist debtors in legally avoiding credit card debts. See Lucas v. R.K. Lock & Assoc., 710 S.E. 2d 707 (N.C. Ct. App. March 2011).
By Ed Boltz, 19 July, 2012
Summary:
The Manuels fell behind on their mortgage and engaged the assistance of Secure Property Solutions (“SPS”) (which is not a party to this action) and Gembala, an attorney licensed in Pennsylvania and New Jersey, in what the Manuels eventually regarded as a “mortgage modification scam.”
The Manuels initially filed suit in federal district court alleging various RICO and North Carolina state law violations.
By Ed Boltz, 19 June, 2012
Summary:
Epes was the guarantor of a lease on behalf of the lessee, CRC Management. CRC eventually sold its assets to Fuddruckers. In April 2010, Fuddruckers filed bankruptcy. In July 2010, Epes brought an action for a declaratory judgment that he no longer had any liability under the guaranty, however summary judgment was granted to the Defendants.
The Court of Appeals affirmed the summary judgment for the defendants, finding that the lease included the filing of bankruptcy.
By Ed Boltz, 19 June, 2012
Summary:
Dorothy Vogler died testate, with her debts exceeding the value of her real and personal property. Chris Vogler, the executor of her estate, initiated a special proceeding for the purpose of obtaining authorization to sell the real estate that Ms. Vogler had owned at the time of her death and to use the proceeds to pay her debts. Such sale was authorized and subsequently confirmed on January 12, 2011, with the Clerk authorizing payment of the costs of the proceeding and the remaining balance on the mortgage owed to Bank of America (“BOA”) on the real property.
By Ed Boltz, 19 June, 2012
Miller v. Orcutt- Damages as Result of Preference.pdfSummary:
The Plaintiffs purchased a home with Countrywide Home Loans providing first mortgage. In addition, the Plaintiffs borrowed the down payment of $56,000 from the Female Plaintiff’s father, Stephen Barnwell (“Barnwell”).
By Ed Boltz, 16 May, 2012
Summary:
FIA Cards sued the Debtor seeking recovery of $46,311.81 outstanding on a credit card. The trial court granted summary judgment to FIA Cards and the Debtor appealed arguing that FIA Cards had failed to prove the existence of an account.
The Court of Appeals agreed finding that FIA Cards has only provided three credit card statements from the months surrounding the default. Further, there was no evidence in the record on appeal that even these statements were verified. As such, FIA Cards had failed to comply with the requirements of N.C.G.S.
By Ed Boltz, 15 May, 2012
Summary:
Real property was titled as "Margaret D. Smith and D. Reed and wife, Judy C. Reed Joint Tenants with rights of survivorship." Only Ms. Reed signed the Deed of Trust and mortgage note with Countrywide. After Ms. Smith died and the mortgage was in default, Countrywide sought reformation of the Deed of Trust.
The Court of Appeal held that originally Ms. Smith owned a one-half interest in the property with the Reeds as Joint Tenants with the rights of survivorship. The Reeds owned their one-half interest as tenants by the entireties.
Pursuant to N.C.G.S.
By Ed Boltz, 15 May, 2012
Summary:
Plaintiff brought a complaint against Defendant for monies allegedly owed on a credit card. Defendant answered and raised counterclaims, to which Plaintiff failed to reply. Consequently, default was entered on the counterclaims with $4,500.00 in actual damages, plus $17,912.11 in costs, including attorneys’ fees. Defendant appealed, questioning, among other things, the reasonableness of the attorney’s fees.
The Court of Appeal held that the standard for reviewing an award of attorneys’ fees was that "the record must contain findings of fact as to the time and l