Today, we look at the North Carolina Court of Appeals’ recent analysis in Nationstar Mortgage, LLC v. Curry, et al., COA18-351 (November 6, 2018) regarding whether a secured lender is actually a party to a proceeding. A landowner obtained a loan, secured by the property, from Sidus Financial, […]
A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the covenant of good faith and fair dealing, equitable estoppel and offset. We’re talking about Macon Bank, […]
The Court of Appeals issued a number of decisions today, while snow and ice ghosted the City of Raleigh. The Court addressed trespass to land, the availability of the “offset” defense to commercial loan guarantors. Let’s take a quick look at a couple of today’s holdings in the […]
The North Carolina Court of Appeals issued a fractured ruling today on the manner of service and the interpretation of North Carolina Rule of Procedure 4(j1). The case is In re Powell, No. COA14-498 (December 2, 2014). The heart of the matter is the manner of service. Specifically, […]
Mortgage lenders beware. In late August, the D.C. Court of Appeals rendered a decision in Chase Plaza Condominium Association, Inc. v. J.P. Morgan Chase Bank, N.A., CA-5826-10 (August 28, 2014) determining that a homeowner’s association’s (HOA’s) statutory “super-priority” lien, or superlien, for unpaid assessments took priority of position over other liens, […]
Aaron Frank
Amy C. O'Neal
John Cooke
Michael Thelen
WBD Admin
North Carolina Land Use Litigator 