Legal Opinion

Fifth Third Mortgage Co. v. Miller

Court of Appeals of North Carolina

Decided March 2, 2010No. COA09-961PublishedCited by 4 opinions

1Opinion of the Court

BRYANT, Judge.

Plaintiff Fifth Third Mortgage Company (Fifth Third) appeals from an order granting summary judgment in favor of defendant Branch Banking and Trust Company (BB&T) which declared that a deed of trust filed by BB&T in the Union County Public Registry had priority over and was superior to any interest created by a deed of trust filed by Fifth Third for the property located at 9911 Strike The Gold Lane, Waxhaw, North Carolina. For the reasons stated herein, we affirm.

Facts

On 20 March 2007, defendant Alan Miller executed and delivered to Fifth Third a promissory note for the…

2Cases cited6 opinions

  1. Craig Ex Rel. Craig v. New Hanover County Board of EducationSupreme Court of North Carolina · 2009
  2. Hice v. Hi-Mil, Inc.Supreme Court of North Carolina · 1981
  3. Cowan v. DaleSupreme Court of North Carolina · 1925
  4. Lowery v. . WilsonSupreme Court of North Carolina · 1939
  5. NEW HOME BUILDING SUPPLY COMPANY v. NationsSupreme Court of North Carolina · 1963

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

3Cited by4 opinions

  1. Donoghue v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 2004
  2. Warren v. Abreu (In re Skumpija)United States Bankruptcy Court, E.D. North Carolina · 2013
  3. FIFTH THIRD MORTGAGE COMPANY v. MillerSupreme Court of North Carolina · 2010
  4. In re ReedCourt of Appeals of North Carolina · 2014

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