Legal Opinion
NCNB National Bank of North Carolina v. O'Neill
Court of Appeals of North Carolina
Decided March 19, 1991No. 905SC863PublishedCited by 7 opinions
1Opinion of the Court
WELLS, Judge.
This case turns on whether N.C. Gen. Stat. § 45-21.36 applies on these facts and can be relied on by defendants at a trial on the merits. We hold that it does and reverse the order of summary judgment.
N.C. Gen. Stat. § 45-21.36 states, in pertinent part:
When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same, at which the mortgagee, payee or other holder of the obligation thereby secured becomes the purchaser and takes title either directly or indirectly, and thereafter such mortgagee, payee or other holder of the secured…
2Cases cited7 opinions
- Richmond Mortgage & Loan Corp. v. Wachovia Bank & Trust Co.Supreme Court of the United States · 1937
- North Carolina State Bar v. SheffieldSupreme Court of North Carolina · 1985
- Richmond Mortgage & Loan Corp. v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
- Ewing v. CaldwellSupreme Court of North Carolina · 1955
- Raleigh Federal Savings Bank v. GodwinCourt of Appeals of North Carolina · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harleysville Mutual Insurance Company Huron Insurance Company v. Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership H. David Swain, Individually and D/B/A Swain Associates Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing, Harleysville Mutual Insurance Company Huron Insurance Company v. H. David Swain, Individually and D/B/A Swain Associates, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the ForegoingCourt of Appeals for the Fourth Circuit · 1995
- Blue Ridge Savings Bank, Inc. v. MitchellCourt of Appeals of North Carolina · 2012
- Poughkeepsie Savings Bank, FSB v. HarrisDistrict Court, W.D. North Carolina · 1993
- Harleysville Mutual Insurance v. PackerCourt of Appeals for the Fourth Circuit · 1995
- High Point Bank & Trust Co. v. Highmark Properties, LLCCourt of Appeals of North Carolina · 2013
2 more not listed; retrieve them via the Exa API.