Legal Opinion
In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.
Supreme Court of North Carolina
Decided January 27, 2012No. 11A11PublishedCited by 24 opinions
1Opinion of the Court
JACKSON, Justice.
In this appeal we consider whether the clerk of superior court has the authority to determine the reasonableness of attorney’s fees that a trustee-attorney in a foreclosure proceeding pays to himself in addition to his trustee’s commission. Because we hold that the clerk of superior court lacks this authority, we affirm.
On 26 June 1997, Vogler Realty, Inc. (“debtor”) executed a promissory note payable to J.B. Lee & Company (“creditor”) in the principal amount' of $250,000.00. The promissoiy note was secured by a duly recorded deed of trust on commercial real estate owned by…
2Cases cited25 opinions
- Abbitt v. . GregorySupreme Court of North Carolina · 1931
- Leandro v. StateSupreme Court of North Carolina · 1997
- Diaz v. Division of Social ServicesSupreme Court of North Carolina · 2006
- In Re the Summons Issued to Ernst & Young, LLPSupreme Court of North Carolina · 2009
- Lithium Corp. of America v. Town of Bessemer CitySupreme Court of North Carolina · 1964
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3Cited by24 opinions
- Moore v. ProperSupreme Court of North Carolina · 2012
- Dickson v. Rucho, 366 NC 332Supreme Court of North Carolina · 2013
- Fontenot Ex Rel. Estate of Turner v. Taser International, Inc.Court of Appeals for the Fourth Circuit · 2013
- Applewood Properties, LLC v. New South Properties, LLCSupreme Court of North Carolina · 2013
- City of Asheville v. FrostSupreme Court of North Carolina · 2018
19 more not listed; retrieve them via the Exa API.