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WELLS FARGO BANK, N.A. v. AMH ROMAN TWO NC, LLC

No. 16-1681.

859 F.3d 295 (2017)

WELLS FARGO BANK, N.A., Creditor-Appellant, v. AMH ROMAN TWO NC, LLC, Party-in-Interest-Appellee, and PNC Bank, Creditor, and John F. Logan, Trustee, and Charles Aziz Farag; Susan Farag, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2017.

Attorney(s) appearing for the Case

ARGUED: John T. Benjamin, Jr. , THE LAW OFFICE OF JOHN T. BENJAMIN, JR., P.A., Raleigh, North Carolina, for Appellant. Clinton Shepperd Morse , BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Benjamin W. Smith , THE LAW OFFICE OF JOHN T. BENJAMIN, JR., P.A., Raleigh, North Carolina, for Appellant. Edwin L. West, III , Julia C. Ambrose , BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellee.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Niemeyer and Judge King joined.

Two years after the bankruptcy court canceled Wells Fargo Bank, N.A.'s ("Wells Fargo") deed of trust covering a piece of real property, and several months after the property was sold in foreclosure to a bona fide purchaser for value, Wells Fargo moved to set aside the bankruptcy court's order. The bankruptcy court denied Wells...

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