In Re the Foreclosure of a Deed of Trust
Supreme Court of North Carolina
1Opinion of the Court
MARTIN, Justice.
This foreclosure case presents the question of whether a mortgagor’s bare assertion that “you have to have more than a mere stamp” to transfer a mortgage instrument excuses her from her debt obligation. We hold that it does not.
In October 2005 Tonya Bass executed an adjustable rate promissory note (the Note) with Mortgage Lenders Network USA, Inc. (Mortgage Lenders) in the principal amount of $139,988.00 plus interest in monthly installments of $810.75. The loan terms specified that if Bass failed to “pay the full amount of each monthly payment on the date it is due,” she…
2Cases cited8 opinions
- Knutton v. CofieldSupreme Court of North Carolina · 1968
- Carolina Power & Light Co. v. City of AshevilleSupreme Court of North Carolina · 2004
- Department of Transportation v. BrownSupreme Court of Georgia · 1996
- Hotel Corp. v. Taylor and Fletcher v. Foremans, Inc.Supreme Court of North Carolina · 1980
- In Re the Foreclosure by SimpsonCourt of Appeals of North Carolina · 2011
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3Cited by38 opinions
- Moch v. A.M. Pappas & Associates, LLCCourt of Appeals of North Carolina · 2016
- In re Estate of SkinnerSupreme Court of North Carolina · 2017
- E. Brooks Wilkins Family Med., P.A. v. WakemedCourt of Appeals of North Carolina · 2016
- Travelers Casualty & Surety Co. v. Washington Trust BankWashington Supreme Court · 2016
- U.S. Bank National Ass'n v. PinkneySupreme Court of North Carolina · 2017
33 more not listed; retrieve them via the Exa API.