MTGLQ Investors, L.P. v. Curnin

• Decision Date: 18 December 2018
• Docket Number: No. COA18-349,COA18-349
• Citation: 823 S.E.2d 409,263 N.C.App. 193
• Court: North Carolina Court of Appeals
• Parties: MTGLQ INVESTORS, L.P., Plaintiff, v. Peter C. CURNIN; PC Construction, Inc.; Bald Head Association, Defendants.

263 N.C.App. 193
823 S.E.2d 409

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.

Filed: December 18, 2018

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

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

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

DILLON, Judge.

263 N.C.App. 194

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 Deed of Trust. In 2016, MTGLQ commenced this action, seeking (1) to quiet title regarding the validity of its lien on the Property and (2) to reform the Deed of Trust to include a reference

823 S.E.2d 411

to the recorded map in the County's Map Book.

263 N.C.App. 195

MTGLQ moved for summary judgment. After a hearing on the matter, the trial court denied MTGLQ's motion and granted summary judgment in favor of Defendants. MTGLQ timely appealed.

II. Standard of Review

We review the trial court's ruling on a motion for summary judgment de novo . Howerton v. Arai Helmet, Ltd. , 358 N.C. 440, 470, 597 S.E.2d 674, 693 (2004).

III. Analysis

MTGLQ argues that the trial court erred by denying its summary judgment motion and by granting summary judgment for Defendants. For the reasons stated below, we conclude that the Deed of Trust adequately describes the Property to create a lien on that Property without the need for reformation. Therefore, we hold that MTGLQ is entitled to summary judgment on its quiet title claim.

Our General Statutes allow a quiet title action to be brought "by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims." N.C. Gen. Stat. § 41-10 (2016). An action for quiet title has two essential elements: (1) the plaintiff must own or have some interest in the property at issue, and (2) the defendant must have a claim adverse to the plaintiff's title or interest in the property. Wells v....