Legal Opinion

G.E. Capital Mortgage Services, Inc. v. Neely

Court of Appeals of North Carolina

Decided October 5, 1999No. COA98-1343PublishedCited by 10 opinions

1Opinion of the Court

LEWIS, Judge.

This case deals with the issue of an attempted reinstatement of a Note and Deed of Trust after both were erroneously canceled by the creditor-mortgagee. This issue is one of first impression in North Carolina.

On 26 April 1985, defendants James and Wylene Neely borrowed $28,500 from the North Carolina Federal Savings and Loan Association, executing a Promissory Note in that amount. This Note was secured by a Deed of Trust on their home at 119 Division Avenue, East Spencer, North Carolina, which was promptly recorded with the Rowan County Register of Deeds. The Note and Deed of…

2Cases cited16 opinions

  1. Gibraltar Savings Ass'n v. WatsonCourt of Appeals of Texas · 1981
  2. Peoples Bank of South Carolina, Inc. v. RobinsonSupreme Court of South Carolina · 1978
  3. First Galesburg National Bank & Trust Co. v. MartinAppellate Court of Illinois · 1978
  4. United Service Corp. v. Vi-An Construction Corp.Supreme Court of Florida · 1955
  5. Richardson v. First National Bank of LouisvilleCourt of Appeals of Kentucky · 1983

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

3Cited by10 opinions

  1. Steinberger v. McVeyCourt of Appeals of Arizona · 2014
  2. Manley v. Wachovia Small Business Capital, Texas Court of Appeals, 5th District (Dallas)2011
  3. In re RoseUnited States Bankruptcy Court, W.D. North Carolina · 2014
  4. Gloor v. BancorpSouth BankCourt of Civil Appeals of Alabama · 2005
  5. GE CAPITAL MORTG. SERVICES v. NeelyCourt of Appeals of North Carolina · 1999

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

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