Ferguson v. Coffey

637 S.E.2d 241, 180 N.C. App. 322, 2006 N.C. App. LEXIS 2325
CourtCourt of Appeals of North Carolina
DecidedNovember 21, 2006
DocketNo. COA06-200.
StatusPublished
Cited by3 cases

This text of 637 S.E.2d 241 (Ferguson v. Coffey) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ferguson v. Coffey, 637 S.E.2d 241, 180 N.C. App. 322, 2006 N.C. App. LEXIS 2325 (N.C. Ct. App. 2006).

Opinion

TYSON, Judge.

Lyle W. and Eleanor Coffey and John D. Kinsland ("defendants") appeal from judgment entered computing the amount Phil Jackson and Martha J. Ferguson ("plaintiffs") owe to them on an installment land sale contract or contract for deed. We affirm.

I. Background

On 8 November 1971, plaintiffs entered into an installment sales contract with defendants to purchase real property located in Haywood County, North Carolina ("the property"). Plaintiffs agreed to pay defendants $12,100.00 plus interest at seven percent. Plaintiffs agreed to pay $78.50 per month beginning 1 December 1971. Plaintiffs also agreed to maintain fire insurance and pay the ad valorum property taxes. Defendants agreed to place the deed in escrow with Northwestern Bank. Upon plaintiffs' completion of payments to release the deed to plaintiffs.

Plaintiffs made payments for a period of time and in 1995 demanded the deed to be released by defendants. Defendants contended plaintiffs had ceased payments in 1987 and even if plaintiffs had continued to make payments on the loan, the principal was amortized over a thirty-two year period which had not yet expired. Defendants refused to release the deed. Plaintiffs commenced suit on 29 August 2000 and demanded delivery of the deed and damages.

*242At trial, all causes of action were dismissed except for plaintiffs' equity of redemption. The only issue submitted to the jury was the date of plaintiffs' last loan payment. The jury determined plaintiffs' last payment occurred in October 1987. The trial court entered judgment that plaintiffs were entitled to redeem their equity in the property by paying the outstanding balance and all taxes on the property. Upon receipt of this payment, defendants were ordered to convey title of the property to plaintiffs.

Plaintiffs paid $16,634.12 into the Haywood County Clerk of Superior Court's Office. Defendants disputed the accuracy of this amount and moved for a judicial determination of the amount plaintiffs owed. Plaintiffs and defendants each had their respective accountants to prepare and submit affidavits along with their payoff calculations.

Plaintiffs' certified public accountant, Michael Kennedy ("Kennedy"), based his calculations on simple interest and concluded "the total principal due would be $8,544.82 and the total interest due would be $5,852.73." Thomas J. Sheehan ("Sheehan"), defendants' accountant, prepared an amortization schedule based upon compounded interest and calculated the principal and accrued interest balance as of 1 October 1987 to be $9,488.70 and the balance due to be $32,853.93 as of 1 July 1995.

The trial court accepted Kennedy's calculations based upon simple interest. The trial court made findings of fact and conclusions of law and entered judgment that "[p]laintiff pay the sum of $8,544.82 with interest of $6,670.87 as of August 15, 2005 and a daily rate of $1.62 per day until satisfied in full." Defendants appeal.

II. Issue

Defendants contend the trial court erred in calculating the balance and interest due defendants by using simple interest instead of compound interest.

III. Standard of Review

This Court has stated:

In an appeal from a judgment entered in a non-jury trial, our standard of review is whether competent evidence exists to support the trial court's findings of fact, and whether the findings support the conclusions of law. The trial judge acts as both judge and jury and considers and weighs all the competent evidence before him. The trial court's findings of fact are binding on appeal as long as competent evidence supports them, despite the existence of evidence to the contrary. When competent evidence supports the trial court's findings of fact and the findings of fact support its conclusions of law, the judgment should be affirmed in the absence of an error of law.

Resort Realty of the Outer Banks, Inc. v. Brandt, 163 N.C.App. 114, 116, 593 S.E.2d 404, 407-408 (internal citations and quotations omitted) (emphasis in original), disc. rev. denied, 358 N.C. 236, 595 S.E.2d 154 (2004).

We review the trial court's conclusions of law de novo. Starco, Inc. v. AMG Bonding and Ins. Services, 124 N.C.App. 332, 336, 477 S.E.2d 211, 215 (1996).

IV. Balance and Interest Due

Defendants argue the trial court erroneously used simple interest to calculate the unpaid balance and determine plaintiffs' payoff amount. Defendants contend they are entitled to compound interest. Simple interest is defined as "Interest paid on the principal only and not on accumulated interest." Black's Law Dictionary 830 (8th ed.2004). Compound interest is defined as "Interest paid on both the principal and the previously accumulated interest." Id.

Plaintiffs' and defendants' respective accountants prepared and submitted affidavits and amortization schedules to the trial court in support of their payoff calculations. The trial court: (1) accepted plaintiffs' accountant's calculations; (2) found that "[s]imple interest is the sum calculated on the unpaid balance;" (3) calculated plaintiffs payoff amount using simple interest; and (4) ordered that "[p]laintiff pay the sum of $8,544.82 with interest of $6,670.87 as of August 15, 2005 and a daily rate of $1.62 per day until satisfied in full."

*243A. Redemption of Equity

"The right to redeem under the law of mortgages . . . also [applies] to installment land contracts, even if [the buyers] have surrendered the property and are behind in mortgage payments." Lamberth v. McDaniel, 131 N.C.App. 319, 321, 506 S.E.2d 295, 297 (1998) (citing Brannock v. Fletcher, 271 N.C. 65, 73, 155 S.E.2d 532

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637 S.E.2d 241, 180 N.C. App. 322, 2006 N.C. App. LEXIS 2325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-coffey-ncctapp-2006.