Summary: While working as a bookkeeper for Teague & Glover, P.A., (T&G) Ms.  Gibbs embezzled substantial amounts.  In addition to criminal prosecution and imprisonment, in 2010, T&G obtained a civil judgment against Mr.  and Mrs.  Gibbs for $800,000.  T&G subsequently agreed to accept all of the Gibbses real and personal property in exchange for a reduction in the amount of the judgment. The property at issue in the present dispute consists of Tract A (0.6 acres) and Tract B (0.7 acres and the Gibbses primary residence).  In 1999

Summary: Songwooyarn Trading Company (STC) obtained a judgment against Defendant Ahn, among others.  Ahn filed a Motion to Claim Exempt Property, to which STC objected, specifically contending that Ahn had failed to list all non-exempt property, had undervalued property, and attempted to exempt property beyond that allowed by North Carolina law.  The trial court held that Ahn had failed to comply with the statutory requirements for claiming exempt property, but allowed Ahn the opportunity to refile his claimed exemptions.  STC again objected and subpoenaed docu

Summary: TD Bank filed suit against Mirabella (rather than foreclosing) for amounts owed on a promissory note, originally entered into by Mirabella and Carolina First Bank (CFB).  TD Bank contended that, following its merger with CFB, it stood in the place of CFB.  No evidence, however, was presented at trial of the merger, instead TD Bank argued that the court should take judicial notice of the merger. The Court of Appeals rejected this argument, finding that judicial notice is appropriate for "facts generally known with the territorial jurisdiction."  While

Summary: The Debtor’s house was sold at a foreclosure auction for $100,000, with Blue Ridge, the mortgage holder, the highest bidder.  Blue Ridge then sold the house at a private sale five months later for $110,000.  Blue Ridge subsequently sued the Debtors for the outstanding balance on the note, roughly $30,000.  The Debtors argued that Blue Ridge violated N.C.G.S.

Summary: Capital One commenced a foreclosure against the Debtors on a Deed of Trust, originally granted to Chevy Chase Bank, which later merged with Capital One.  The foreclosure was allowed in part based on, among other documents, an Affidavit from James Cox, Vice President of Capital One.  This Affidavit stated that "to the best of [his] knowledge" Capital One was the servicer and holder of the mortgage note. The Debtors objected to this affidavit, arguing that it denoted only Mr.  Cox’s personal opinion and was not made upon personal knowledge as required b

Summary: Citibank brought suit against the Debtor seeking to recover $5,108.89, which it  alleged was owed on a credit card, originally issued by AT&T Universal Card in 1995 and acquired by Citibank in 2002.  The Debtor disputed the amount owed, alleging that Citibank had changed the interest rate on the credit card without notifying him.  Citibank did not respond to the Debtor’s discovery seeking a copy of the original credit card agreement, asserting that the request sough "documents previously provided to ...

Summary: William Miller, Russell Grogan and Stephanie Grogan purchased a 21.394 acre tract (Tract I) in 1997 and subsequently a 0.15 acre tract (Tract II) to provide access to a road.  In 2003, the owners granted a Deed of Trust to GMAC.  The Deed of Trust included a tax parcel number that encompassed both Tract I and Tract II, but the legal description only referenced Tract II.  In 2005, the owners subdivided Tract I into Tract IA, consisting of 10.932 acres owned by all three,  and Tract IB, consisting of 10.389 acres which was henceforth to be owned solely by the Grogan

Summary:

Ms.  Bass signed a promissory note and Deed of Trust with Mortgage Lenders Network USA, Inc.  ("MLN")  in 2004.  After several purported assignment, Ms.  Bass  default in 2008 on her payments and U.S Bank, as Trustee for Wells Fargo, commenced foreclosure.  After the Clerk of Court allowed the foreclosure to proceed, Ms.  Bass appealed to Superior Court, asserting the U.S. Bank was not the holder of the note.

Summary: After Mr.  Taylor and Ms.  Miller separated, they executed a deed transferring real property to Mr.  Taylor but providing that if Mr.  Taylor later sought to sell the property, Ms.  Miller would have a right of first refusal, allowing her to either match the sales price or pay $41,500.00, plus subsequent costs of repairs and improvements to the property.  In June of 2009, Mr.  Taylor wrote to Ms.  Miller asking her to forego this right of first refusal.  Ms.  Miller did not respond.  Later that month, Mr.  T