Legal Opinion

Trustee Svcs. v. Rc Koonts & Sons Masonry

Court of Appeals of North Carolina

Decided February 2, 2010No. COA09-406PublishedCited by 2 opinions

1Opinion of the Court

BEASLEY, Judge.

Trustee Services, Inc. (Petitioner) appeals an order dismissing a petition to foreclose upon a deed of trust. For the following reasons, we affirm.

In November 1999, grantors, Roy Clifton Koonts, Jr. (Junior) and his wife, Edith L. Koonts (Edith), executed a deed of trust (Deed of Trust) for $130,000.00 in favor of Lexington State Bank (LSB). The trustee was named as Trustee Services, Inc. The Deed of Trust contained the following language, in pertinent part:

[T]he Grantor is indebted or expects to become indebted to the Note Holder for future obligations which may be incurred…

2Cases cited7 opinions

  1. REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. GrimesSupreme Court of North Carolina · 1971
  2. Ales v. T. A. Loving Co.Court of Appeals of North Carolina · 2004
  3. State v. LinemannCourt of Appeals of North Carolina · 1999
  4. Hassell v. WilsonSupreme Court of North Carolina · 1980
  5. In Re Foreclosure Under That Deed of Trust Executed by Azalea Garden Board & Care, Inc.Court of Appeals of North Carolina · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hedgepeth v. Lexington State BankCourt of Appeals of North Carolina · 2013
  2. In re: WorshamCourt of Appeals of North Carolina · 2019

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