Summary:
The Mecklenburg Clerk of Court authorized a foreclosure sale on September 29, 2010. There was no appeal of that order. Nearly a year later on August 8, 2011, the homeowner brought suit alleging that the foreclosure order had been premised on fraudulent documents, that the parties initiating the foreclosure had lacked any interest in the debt and lack of notice.
Summary:
The Plaintiff provided paving services for the Richmond Hills development starting in August 2005 and asserted that its date of last furnishing of materials was February 24, 2010. It filed a Claim of Lien on March 30, 2010, a month after the property was sold at foreclosure.
Summary:
The Homeowners argued that their mortgage closing was conducted by two non-attorneys, whose advice regarding their rights and obligations constituted the unauthorized practice of law under N.C.G.S. § 84-4. As such, relying on In re Foreclosure of a Deed of Trust Executed by Bradburn, 199 N.C. App. 549, 551, 681 S.E.2d 828 (2009), they argued that the contract was void and unenforceable.
In Bradburn, the Court of Appeals had found that a mortgage made by a broker unlicensed under N.C.G.S.
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.
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).
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.
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.
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.
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”).
