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.
deed of trust
Summary: Sea Horse Realty, which is wholly owned by Richard Mercer, is the owner of a parcel of real property located in Nags Head. In 2005, Mercer executed a promissory note, currently held by Citimortgage (to whom reference will be made, regardless of whether the party was Citimortgage or its predecessors), for $1.5 million, pledging the property as collateral. The Deed of Trust was originally to list Sea Horse Realty as the grantor, but this was changed at the request of the mortgage broker to list Mercer as the grantor. Mercer filed Chapter 11 in 2009.
Summary: The Deed of Trust held by BB&T against real property references a promissory note dated September 7, 2005. The actual promissory note, however, is dated September 8, 2005. Relying on Beaman v. Head (In re Head Grading Co.), 353 B.R.122, 123- 24 (Bankr. E.D.N.C. 2006), the Debtors attacked the validity of the lien. BB&T first argued that because the Debtor had executed a Change in Terms Agreement, explicitly affirming the note, it should be estopped from now contesting the enforceability.
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.
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 and 2005, the Gibbses had gra
Summary: The Debtors pledged two properties to Sun Trust as collateral for a Deed of Trust. The Deed of Trust when recorded, however, was only indexed with the Orange Register of Deeds under the Parcel Identifier Number ("PIN") for Parcel II and not Parcel I. (Orange County, unlike the other 99 counties in North Carolina, which index under a grantor/grantee system based on Deed Book and Page, give every parcel of real property a unique PIN. This PIN is used as the basis for indexing all recorded documents related to that property.) After the Debtors were involuntarily fi
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 Grogans. In 2006, the own