Williams v. HomEq Servicing Corp.

CALABRIA, Judge.

Harry J. Williams (“Mr. Williams”) and Glenda V. Williams (“Mrs. Williams”) (collectively “the plaintiffs”) appeal from summary judgment entered in favor of defendant, HomEq Servicing Corporation (“HomEq”). We affirm in part and reverse and remand in part.

In 1996, Mr. Williams refinanced his home in Mebane, North Carolina, by executing a promissory note in the amount of $77,600.00 secured by a deed of trust executed by the Williams to lender R.& R. Funding Group, Inc. Since Mrs. Williams did not sign the promissory note, she was not a party to the loan. The loan was…