Forest Ridge Townhomes Corp. of Greensboro v. Heag Pain Mgmt. Ctr. P.A.

CourtCourt of Appeals of North Carolina
DecidedMarch 18, 2026
Docket25-600
StatusUnpublished
AuthorJudge Tom Murry

This text of Forest Ridge Townhomes Corp. of Greensboro v. Heag Pain Mgmt. Ctr. P.A. (Forest Ridge Townhomes Corp. of Greensboro v. Heag Pain Mgmt. Ctr. P.A.) 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.

Bluebook
Forest Ridge Townhomes Corp. of Greensboro v. Heag Pain Mgmt. Ctr. P.A., (N.C. Ct. App. 2026).

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA 25-600

Filed 18 March 2026

Guilford County, No. 24SP001805-400

FOREST RIDGE TOWNHOMES CORPORATION OF GREENSBORO, Petitioner,

v.

HEAG PAIN MANAGEMENT CENTER, P.A., K&S RESOURCES, LLC, CHARLIE W. MORGAN, HEIR, and GREENSBORO REALTY & INVESTMENTS, LLC, Respondents.

Appeal by Respondents from order entered 14 February 2025 by Judge Lora C.

Cubbage in Guilford County Superior Court. Heard in the Court of Appeals 20

November 2025.

Ruby Chase Taliercio, PLLC, by Margaret M. Chase, for Petitioner–Appellee.

Gordon Law Offices, by Harry G. Gordon, for Respondents–Appellants.

MURRY, Judge.

Greensboro Realty & Investments, LLC and K&S Resources, LLC

(Respondents) appeal from the trial court’s 14 February 2025 order disbursing

surplus funds from a foreclosure action to Forest Ridge Townhomes Corporation of

Greensboro (Petitioner) as the superior lienholder. For the reasons below, this Court FOREST RIDGE TOWNHOMES CORP. OF GREENSBORO V. HEAG PAIN MGMT. CTR., P.A.

Opinion of the Court

affirms the trial court’s order.

I. Background

This matter arises from a surplus-funds proceeding that Petitioner initiated

after a foreclosure sale on 3221 Cypress Park Road, Unit C, in Greensboro, North

Carolina (Property). On 20 November 2017, Petitioner filed a claim of lien against the

Property totaling $1,403.90 in unpaid homeowners’ association (HOA) assessments,

subject to a senior lien that had encumbered the Property since 1988. Petitioner

commenced foreclosure proceedings on the Property to enforce its lien in February

2018. During the foreclosure proceeding, the owner of the Property filed for

bankruptcy in the Middle District of North Carolina, which triggered an automatic

stay of all proceedings against him. See 11 U.S.C. § 362(a). In December 2019, the

trial court declared Petitioner’s foreclosure action inactive pending the bankruptcy’s

resolution. On 13 January 2021, Respondents obtained their respective interests in

the Property subject to existing liens.

After the Middle District closed the Property owner’s bankruptcy case, the

senior lienholder commenced foreclosure proceedings on the Property, culminating in

a February 2022 foreclosure sale. See generally In re Davis, No. 19-11318, 2020 WL

3485122 (Bankr. M.D.N.C. June 25, 2020). Following the satisfaction of the senior

lien, the foreclosure sale yielded $44,586.02 in surplus funds.

On 16 May 2024, Petitioner filed a petition seeking the disbursement of the

surplus funds from the foreclosure sale in satisfaction of its lien. At the time of this

-2- FOREST RIDGE TOWNHOMES CORP. OF GREENSBORO V. HEAG PAIN MGMT. CTR., P.A.

filing, $41,952.95 remained of the surplus funds. Following a hearing, the Guilford

County Clerk of Superior Court ordered the disbursement of $20,335.36 in surplus

funds to Petitioner. On 6 December 2024, Respondents appealed the order to the

Guilford County Superior Court for a hearing de novo, alleging that Petitioner’s

proceeding was time-barred under the three-year statute of limitations for foreclosure

actions under N.C.G.S. § 47-3-116. The matter was transferred six days later after a

hearing before the Assistant Clerk.

Prior to the hearing de novo, Petitioner’s counsel submitted an affidavit of

attorneys’ fees on 7 February 2025, itemizing $14,414.50 in attorneys’ fees to-date.

On 10 February 2025, the trial court heard the parties’ respective presentations of

evidence regarding the validity and enforceability of Petitioner’s lien. Upon the trial

court’s remarking on the lien amount increase from $1,403.90 to $12,496.88 over the

previous eight years, Petitioner’s counsel explained that the increase represented

“five years of dues” unpaid between 2019 and 2022. The trial court concluded that

Petitioner instituted a “foreclosure proceeding to enforce” its lien “within the required

time period prescribed in [N.C.G.S.] § 47F-3-116” and that the inactivation of the

foreclosure proceeding without prejudice due to the Property owner’s bankruptcy

proceeding “d[id] not render . . . Petitioner’s lien invalid.” Following the hearing, the

trial court entered an order on 14 February 2025 disbursing $26,911.38 in surplus

funds to Petitioner, of which $12,496.88 represented unpaid assessments and

$14,414.50 constituted Petitioner’s attorneys’ fees.

-3- FOREST RIDGE TOWNHOMES CORP. OF GREENSBORO V. HEAG PAIN MGMT. CTR., P.A.

Respondents moved for a “New Trial / Amendment of Judgment and Order, for

Reconsideration, and Rule 60 Relief” on 24 February 2025, to which Petitioner

responded and objected on 3 March 2025. Due to the trial judge’s retirement on 28

February 2025, Petitioner also moved to dismiss Respondents’ motion for lack of

subject-matter jurisdiction. Before the calendaring of their motion for hearing,

Respondents timely appealed from both the 14 February 2025 disbursement order

and the trial court’s “fail[ure] to hear” their 24 February 2025 motion.

II. Jurisdiction

This Court has jurisdiction to hear Respondents’ appeal from the trial court’s

order disbursing surplus funds because it is a “final order” of the Superior Court

resolving the priority of surplus-funds distribution between the parties. N.C.G.S.

§ 7A-27(b)(2); see In re Foreclosure of Lien, 219 N.C. App. 320, 325 (2012) (exercising

jurisdiction over superior court’s order authorizing foreclosure in special proceeding

because it is a “final judgment” under § 7A-27(b)).

III. Analysis

On appeal, Respondents argue that the trial court erred in entering the order

disbursing surplus funds because Petitioner based its petition “on a 2017 claim of lien

and commencement of an HOA foreclosure in 2018 under N.C.G.S. § 47F-3-116,”

which the trial court “never reactivated” after 2019. Alternatively, Respondents

argue that the trial court erred by failing to hear their 24 February 2025 motion and

ask this Court to “consider the merits” of that motion.

-4- FOREST RIDGE TOWNHOMES CORP. OF GREENSBORO V. HEAG PAIN MGMT. CTR., P.A.

We review appeals from non-jury proceedings for whether “competent

evidence” supports the trial court’s findings of fact and “whether the conclusions

reached were proper in light of the findings.” Walker v. First Fed. Sav. & Loan Ass’n,

93 N.C. App. 528, 532 (1989). “Unchallenged findings of fact are presumed correct

and are binding on appeal.” Branch Banking & Trust Co. v. Schiphof, 192 N.C. App.

696, 700 (2008). We review the trial court’s conclusions of law de novo. See id. For the

reasons below, we affirm the trial court’s order disbursing surplus funds to Petitioner.

A. Disbursement

First, Respondents argue that the trial court erred in entering the order

disbursing surplus funds to Petitioner. They contend that Petitioner’s failure to

“reactivate” its foreclosure proceeding rendered the petition for surplus funds

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