News & Analysis as of

Negligent Misrepresentation Foreclosure

Carlton Fields

District Court Compels Arbitration Pursuant to Operating Agreement

Carlton Fields on

The action arises out of a foreclosure sale in which property was conveyed to First 100 LLC. Subsequent to the foreclosure sale, First 100 conveyed the property to Alan and Theresa Lahrs as trustees of the Lahrs Family Trust....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D. - ...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

Poyner Spruill LLP

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

Poyner Spruill LLP on

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

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