DALLAIRE v. BANK OF AMERICA, N.A.

No. COA12-626.

738 S.E.2d 731 (2012)

Jacques A. DALLAIRE and Fernande Dallaire, Plaintiffs, v. BANK OF AMERICA, N.A., HomeFocus Services, LLC, and Landsafe Services, LLC, Defendants.

Court of Appeals of North Carolina.

December 18, 2012.


Attorney(s) appearing for the Case

Ferguson, Scarbrough, Hayes, Hawkin & DeMay, P.A., Concord, by James E. Scarbrough , for the Plaintiff-Appellants.

McGuire Woods, LLP, Charlotte, by Lia A. Lesner and Robert A. Muckenfuss , for Defendant-Appellees.

Jerome N. Frank Legal Services Organization, by J.L. Pottenger, Jr. , Amicus Curiae.


BEASLEY, Judge.

Jacques and Fernande Dallaire (Plaintiffs) appeal from the trial court's entry of summary judgment in favor of Defendants. For the following reasons, we affirm in part and reverse and remand in part.

In 2005, Plaintiffs filed Chapter 7 bankruptcy to relieve their personal liability on their debts. Through the bankruptcy proceedings, Plaintiffs were relieved of their personal liability on three mortgage liens held by two lenders against Plaintiffs...

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