Summary: Petri originally had a mortgage with Luxury Mortgage Corp., but subsequently Bank of America (“BOA”) commenced foreclosure proceedings. Appealing the order allowing foreclosure, Petri argued that BOA was not the true holder of the note authorized to foreclose.

Summary: In 1986, the Smiths acquired title to Lot #184 of Crestview Subdivision, 106 Crestview Terrace, in Davidson County, Thomasville, North Carolina (“the property”) and recorded the Deed. The Smiths executed a promissory note in the principal amount of $96,000 (“the Note”) to New Century Mortgage Corporation (“New Century”) secured by a Deed of Trust on the property that was recorded on 16 December 2002.

Summary: Ussery brought suit against BB&T as a result of a failure to qualify for a government loan, more than six years after a learning of the denial of the loan.

Summary: Following Hice v. Hi-Mil, Inc., 301 N.C.

Summary: In November of 2005, Arlington Hills executed a promissory note and Deed of Trust for $596,345, with such currently being held by Wells Fargo. Thereafter, John & Beverly Cobb, Max & Christy Smith, and Mark Carpenter executed personally guarantees for the note in order to obtain renewals and modifications of the terms. When Arlington Hills defaulted the balance on the note was nearly $2 million, Wells Fargo initiated both a foreclosure and suit against both Arlington Hills and the several guarantors.

Summary: Perry executed a note and Deed of Trust in favor of American Home Mortgage (AHM), with two individuals named as Trustees and MERS named as the beneficiary and “solely as nominee” for AHM. Citimortgage acquired the mortgage through an endorsement by AHM.

Summary: On June 17, 2010, Waddington Ridge HOA filed a claim of lien against Dong’s residence and then filed a notice of foreclosure hearing on July 22, 2010. At that hearing, the Clerk of Court allowed the foreclosure to proceed and the sale was held on November 2, 2010, with the foreclosure deed being recorded on February 17, 2011. Dong filed a motion for relief from the foreclosure order on October 31, 2011, and the trial court ultimately concluded that Dong had not received proper notice and, pursuant to N.C. R. Civ. P.

Summary: Under North Carolina’s New Motor Vehicles Warranties Act, N.C.G.S. § § 20-351, a motor vehicle manufacturer is required to either repurchase or refund the purchase price if “after a reasonable number of attempts” the vehicle cannot be repaired to conform with express warranties. N.C.G.S. § 20-351.5 creates a presumption that the manufacturer has failed if it attempts to repair the vehicle four or more times. The consumer must have notified the manufacturer in writing of the defect and allowed up to fifteen (15) days to make repairs.

Summary: Quicksilver purchased an apartment complex in 1992, with $4.6 million in financing from the seller and $550,000 from the Charlotte Falk Irrevocable Trust (Falk Trust). Quicksilver later executed a promissory note and Deed of Trust to the Falk Trust, which was recorded on October 28, 1994. Quicksilver defaulted on the note in December of 1994 and, despite several payments in the intervening years, failed to remedy the default. On July 2, 1999, Quicksilver entered into a promissory note and Deed of Trust with Wachovia Bank.

Summary: Shortly before their divorce, the Plaintiff’s then wife obtained a credit card in his name, without his knowledge. Several years later, the Plaintiff discovered the credit card on his credit report and also began to receive collection letters and calls. These ceased until there was renewed collection activity (which is not described in the opinion) starting in January 2011, in response to which the Plaintiff retained counsel to demand verification of the debt.