The Bank of New York Mellon v. Adams, et al
The Bank of New York Mellon |
H. Clayton Adams, Roberson Property Enterprises, LLC and Hannia M. Adams |
5:2013cv00245 |
April 3, 2013 |
US District Court for the Eastern District of North Carolina |
Western Division Office |
HARNETT |
Terrence W. Boyle |
Real Property: Foreclosure |
12 U.S.C. ยง 191 Bank Forclosure |
Defendant |
Available Case Documents
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Filing 69 ORDER GRANTING IN PART AND DENYING IN PART 48 Defendant's Motion for Summary Judgment; GRANTING 51 Plaintiff's Motion for Partial Summary Judgment; DENYING 56 Defendant's Motion to Strike ; DENYING 57 Defendant's Motion to Strike; and DENYING 60 Plaintiff's Motion for Sanctions. Summary judgment is granted in favor of the defendant on counts IV, V, and VI of the complaint. The court declares that the plaintiff is the owner and holder of the Note and Deed of Trust. The plaintiff is allowed to foreclose on the property in accordance with this order. The court enters judgment against H. Clayton Adams for the unpaid balance of the defaulted note, plus interest and costs in the amount of $251,283.4 4, plus $14.89 per day after February 28, 2014. Plaintiff is awarded attorney's fees in the amount of 15% of the unpaid balance of the note, pluse interest and costs as of the date of entry of this order. Signed by US District Judge Terrence W. Boyle on 7/30/2014. (Fisher, M.) |
Filing 58 ORDER DENYING 35 Defendants' Motion for Protective Order, GRANTING 41 Plaintiff's Motion to Compel Discovery, and GRANTING 49 Defendants' Motion for Extension of Time. Defendants are ordered to respond to the plaintiff's s econd set of interrogatories and second request for production. Defendant's Motion for Extension of Time is granted. Defendants shall have twenty-one (21) days from the entry of this order to file their memorandum in support of their motion for summary judgment. No expenses and costs are awarded. Signed by US District Judge Terrence W. Boyle on 3/20/2014. (Fisher, M.) |
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