Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC

ZACHARY, Judge.

*247 Where the assignee of a note lacked possession of the note and did not satisfy the statutory provisions for enforcement of a lost note, the trial court erred in granting summary judgment in favor of the assignee. Where there was no genuine issue of material fact as to obligor's contractual debt pursuant to the guaranty agreement, and the *723 agreement was not unconscionable, the trial court did not err in granting summary judgment in favor of the assignee-obligee of the guaranty agreement.

I. Factual and Procedural Background

On 30 August 2006, Outer Banks/Kinnakeet Associates,…