Homeq v. Watkins

CAMPBELL, Judge.

Plaintiff appeals the dismissal of plaintiffs claim for an equitable lien and judicial foreclosure. The court determined plaintiffs complaint failed to state a claim upon which relief may be granted, and therefore dismissed the claim pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (2001).

The case arises from plaintiffs payment of $121,519.98 satisfying the indebtedness of a first deed of trust that encumbered a piece of *732real property bought by defendant. The first deed of trust was created in May 1995 when Kevin and Laura Anzelone (“the Anzelones”) executed and delivered a…