1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 738 S.E.2d
  5. 738 S.E.2d 173 (2013)
 

IN RE BASS

No. 554PA11.

738 S.E.2d 173 (2013)

In the Matter of the Foreclosure of a Deed of Trust Executed by Tonya R. BASS in the original amount of $139,988.00, dated October 12, 2005, recorded in Book 4982, Page 86, Durham County Registry. Substitute Trustee Services, Inc., as Substitute Trustee.

Supreme Court of North Carolina.

March 8, 2013.

Attorney(s) appearing for the Case

K & L Gates LLP, Raleigh, by A. Lee Hogewood, III and Brian C. Fork , for petitioner-appellant U.S. Bank, National Association as Trustee, c/o Wells Fargo Bank, N.A.

Legal Aid of North Carolina, Inc., by E. Maccene Brown , Gregory E. Pawlowski , John Christopher Lloyd , and Andre C. Brown , for respondent-appellee.

Mallam J. Maynard for Financial Protection Law Center, Carlene McNulty for North Carolina Justice Center, Dawn T. Battiste for Land Loss Prevention Project, Stephanie M. Ceccato for Legal Services of Southern Piedmont, and William J. Whalen and Marjorie Beth Maynard for Pisgah Legal Services, amici curiae.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases