Schuman v. Roger Baker & Associates, Inc.

Court of Appeals of North Carolina
319 S.E.2d 308, 70 N.C.App. 313 (1984)
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Sections

Rule of Law:

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The Legal Principle

This section distills the key legal rule established or applied by the court—the one-liner you'll want to remember for exams.

Facts:

  • Plaintiffs received a deed of trust on a property from the entity Roger Baker, Inc.
  • At the time the deed of trust was executed, Roger Baker, Inc. did not hold registered title to the property.
  • Plaintiffs recorded their deed of trust from Roger Baker, Inc.
  • One month later, Roger Baker, Inc. officially acquired and registered its title to the subject property.
  • Subsequently, Northwestern entered into a transaction for the same property with Roger Baker & Associates, Inc., the successor to Roger Baker, Inc.
  • Northwestern properly recorded its interest in the property after Roger Baker, Inc. had acquired title.
  • Plaintiffs alleged that Northwestern had actual notice of their prior, improperly recorded deed of trust.

Procedural Posture:

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How It Got Here

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Issue:

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Legal Question at Stake

This section breaks down the central legal question the court had to answer, written in plain language so you can quickly grasp what's being decided.

Opinions:

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Majority, Concurrences & Dissents

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Analysis:

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Why This Case Matters

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