(DOWNLOAD) "Branking v. Home Federal Savings & Loan Association of Eastern North Carolina and Ralph L. Tyson" by Court of Appeals of North Carolina No. 863SC202 " eBook PDF Kindle ePub Free
eBook details
- Title: Branking v. Home Federal Savings & Loan Association of Eastern North Carolina and Ralph L. Tyson
- Author : Court of Appeals of North Carolina No. 863SC202
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
In this appeal we consider whether the mortgage estate on land held in trust by a first lienholder merged with the fee simple estate obtained by the lienholder when it accepted and recorded a deed from the mortgagor conveying the encumbered land to the lienholder, thus allowing a junior lienholder to obtain clear title to the land by purchasing it at a sheriff's sale. We hold the doctrine of merger does not apply in this case and that the junior lienholder's title is subject to the first lienholder's deed of trust. Relevant facts and procedure follow: