Mtglq Investors, L.P. v. Curnin, 121818 NCCA, COA18-349

Docket Nº:COA18-349
Opinion Judge:DILLON, JUDGE
Party Name:MTGLQ INVESTORS, L.P., Plaintiff, v. PETER C. CURNIN; PC CONSTRUCTION, INC.; BALD HEAD ASSOCIATION, Defendants.
Attorney:Brian M. Rowlson and G. Benjamin Milam for Plaintiff-Appellant. The Hillis Firm, by Lindsey Walker Hillis, for Defendant-Appellee Peter C. Curnin. Murchison, Taylor & Gibson PLLC, by Andrew K. McVey, for Defendant-Appellee Bald Head Association.
Judge Panel:Judges STROUD and BERGER concur.
Case Date:December 18, 2018
Court:Court of Appeals of North Carolina
 
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MTGLQ INVESTORS, L.P., Plaintiff,

v.

PETER C. CURNIN; PC CONSTRUCTION, INC.; BALD HEAD ASSOCIATION, Defendants.

No. COA18-349

Court of Appeals of North Carolina

December 18, 2018

Heard in the Court of Appeals 31 October 2018

Appeal by Plaintiff from orders entered 24 August 2017 by Judge Ola M. Lewis in Brunswick County No. 16-CVS-2205 Superior Court.

Brian M. Rowlson and G. Benjamin Milam for Plaintiff-Appellant.

The Hillis Firm, by Lindsey Walker Hillis, for Defendant-Appellee Peter C. Curnin.

Murchison, Taylor & Gibson PLLC, by Andrew K. McVey, for Defendant-Appellee Bald Head Association.

DILLON, JUDGE

Plaintiff MTGLQ Investors, L.P. ("MTGLQ") appeals from an order denying its motion for summary judgment and an order granting summary judgment in favor of Defendants.

I. Background

The subject-matter of this action is certain real property located at 29 Fort Holmes Trail on Bald Head Island (the "Property"). The central issue is whether a certain deed of trust sufficiently describes the Property to create a valid lien.

The Property is owned by Defendant Peter C. Curnin ("Curnin"). In December 2007, Curnin obtained a loan from Bank of America, N.A. ("Bank of America"), securing it by the deed of trust at issue in this matter (the "Deed of Trust"). One section of the Deed of Trust includes the following legal description of the Property: ALL THAT TRACT OR PARCEL OF LAND LYING IN THE COUNTY OF BRUNSWICK, IN THE [STATE] OF NORTH CAROLINA, IN THE MUNICIPALITY OF THE VILLAGE OF BALD HEAD ISLAND AND MORE SPECIFICALLY IDENTIFIED AS LOT # 333 LOCATED IN STAGE I OF THE DEVELOPMENT.

Being that parcel of land conveyed to Peter C. Curnin from PC Construction Inc. by that deed dated 12/13/2001 and recorded 12/13/2001 in Deed Book 1531, at Page 66 of the Brunswick County, NC Public Registry.

The legal description includes the Property's lot number ("LOT # 333") and the phase of the development ("STAGE I"). However, it does not include any reference to the book and page numbers where a title searcher could find the map of Stage I as recorded in the Brunswick County Map Book.

MTGLQ is the successor in interest to Bank of America's interest in the...

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