US Bank is not the Note Holder – North Carolina: Bass vs. US Bank
By Daniel Edstrom
DTC Systems, Inc.
This case is listed here without comment. The issues of endorsements, allonges, burden of proof, etc. are raised here and are very illuminating.
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,
No. COA11-565.
Court of Appeals of North Carolina.
Filed: December 6, 2011.
K&L Gates, LLP, by A. Lee Hogewood III, and Brian C. Fork for Petitioner-appellant.
Legal Aid of North Carolina, Inc., by E. Maccene Brown, Gregory E. Pawlowski, John Christopher Lloyd, and Andre C. Brown, for Respondent-appellee.
ROBERT N. HUNTER, JR., Judge.
U.S. Bank, National Association, as Trustee, c/o Wells Fargo Bank, N.A. (“Petitioner”) appeals the trial court’s order dismissing foreclosure proceedings against Respondent Tonya R. Bass. Petitioner assigns error to the trial court’s determination that Petitioner is not the legal holder of a promissory note executed by Respondent and therefore lacks authorization to foreclose on Respondent’s property securing the note under a deed of trust. After careful review, we affirm.
I. Factual & Procedural Background Continue reading “US Bank is not the Note Holder – North Carolina: Bass vs. US Bank”