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Opinion and Order Denying Summary Judgment. Summary judgment was not appropriate due to there being genuine issues of material fact.

Summary Judgment, Published No

      On appeal, the District Court for the Middle District of North Carolina (Eagles, J.) affirmed the ruling of the Bankruptcy Court granting the Defendants’ motion to dismiss and denying the Plaintiff’s motion for summary judgment. The question presented on appeal was whether the omission of the debtor’s name from the notary’s acknowledgment of a deed trust results in an instrument that is effective for recordation and registration. As there were no material facts at issue, the District Court reviewed the Bankruptcy Court’s legal determination regarding the notarial certificate de novo.  In adopting and affirming the Bankruptcy Court’s order, the District Court agreed that the notarial acknowledgment at issue substantially complied with applicable North Carolina law and the deed of trust was not avoidable. The District Court found the notarial certificate contained language showing the debtor, as signor of underlying document, acknowledged or subscribed to the deed of trust and the Plaintiff did not point to any evidence of fraud or misconduct by the notary that would overcome the presumption of regularity afforded the notarial act. The District Court also found the Bankruptcy Court fully explained why cases from other jurisdictions are of limited utility and persuasive value to determining an issue arising under North Carolina law.

Appeals, Published No
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