BRANCH BANKING AND TRUST CO. v. SMITH

No. COA14-554.

769 S.E.2d 638 (2015)

BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. Hui S. SMITH, Chong Su Kim, Jerry D. Smith, Joon Hee Nam, Mounib Aoun, Jihad L. Libbus, Yon Su Nam, and Hosun Kim, Defendants.

Court of Appeals of North Carolina.

February 17, 2015.


Attorney(s) appearing for the Case

Howard, Stallings, From & Hutson, P.A., Raleigh, by John N. Hutson, Jr. and Michael A. Burger , for Plaintiff-Appellee.

Harris Sarratt & Hodges, LLP, Raleigh, by H. Clay Hodges , for Defendant-Appellant.


I. Background

In 2008, Plaintiff Branch Banking and Trust Company ("Bank") made a loan ("Loan") to Garrett Enterprise, LLC ("Borrower-LLC")1 for a real estate project in Durham. The Loan was in the principal amount of $1,675,000.00 and was secured...

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