Opinion
No. COA15–471.
02-02-2016
In the Matter of the FORECLOSURE OF THE DEED OF TRUST EXECUTED BY FOX DEN DEVELOPMENT, LLC, Dated May 19, 2004, and Recorded in Book 1621 at Page 1101, Iredell County Registry. By: Frank C. Thigpen, Attorney for Trustee, Ryan D. Oxendine.
Everett Gaskins Hancock LLP, by Jason N. Tuttle and James M. Hash, for Petitioner. Thigpen & Jenkins, LLP, by Frank C. Thigpen, for Substitute Trustee Ryan Oxendine. Horack, Talley, Pharr, & Lowndes, P.A., by Robert B. McNeill and Amy P. Hunt, for Homeowners. Roberson Haworth & Reese, P.L.L.C., by Christopher C. Finan and Alan B. Powell, for Wells Fargo Bank, N.A. Jenkins Law Group, PLLC, by T. Lawson Newton and Ellis B. “Bo” Drew, III, for LR Development Charlotte and Lockridge Development Charlotte. Eisele, Ashburn, Greene & Chapman, P.A., by John D. Greene, for Fox Den Development Company, LLC–Appellee and Fox Den Country Club, LLC–Appellee.
Everett Gaskins Hancock LLP, by Jason N. Tuttle and James M. Hash, for Petitioner.
Thigpen & Jenkins, LLP, by Frank C. Thigpen, for Substitute Trustee Ryan Oxendine.
Horack, Talley, Pharr, & Lowndes, P.A., by Robert B. McNeill and Amy P. Hunt, for Homeowners.
Roberson Haworth & Reese, P.L.L.C., by Christopher C. Finan and Alan B. Powell, for Wells Fargo Bank, N.A.
Jenkins Law Group, PLLC, by T. Lawson Newton and Ellis B. “Bo” Drew, III, for LR Development Charlotte and Lockridge Development Charlotte.
Eisele, Ashburn, Greene & Chapman, P.A., by John D. Greene, for Fox Den Development Company, LLC–Appellee and Fox Den Country Club, LLC–Appellee.
Opinion
Appeal by Petitioner from judgment entered 14 October 2014 by Judge Anna Mills Wagoner in Superior Court, Iredell County. Heard in the Court of Appeals 5 October 2015.
The 2004 Goforth and Burke Notes and Deeds of Trust were signed on behalf of Fox Den Development, while the 2009 Goforth and Burke Notes were signed on behalf of Fox Den Country Club. During the hearing in the present case, Mr. Burke testified that, although the companies “had different names, legal names[,]” the distinction “didn't make any difference” operationally. The parties have not raised this discrepancy as an issue on appeal, and we will not address it.
One of the Goforth children, acting as executor of the Estate of Mr. Goforth, assigned the 2004 Goforth Note and Deed of Trust to the Goforth Trust on 9 August 2011.
Notably, the Burkes are not attempting to foreclose in the present case. In fact, the Burkes have opposed the Goforth Trust's foreclosure effort.