The Neil Garfield Radio Program: Back to Basics with North Carolina Attorney James Surane


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This evening North Carolina attorney Jim Surane will join Neil Garfield to discuss the first steps that should be taken in a Foreclosure defense case.

Surane states that, “A thorough title search of the property being subject to foreclosure is an absolute necessity.  This includes researching back to the plat in the case of a home in a subdivision, and back 30 years in a case in which the property is not in a subdivision.”  Surane has won many cases based upon errors in the chain of title.  “It must be remembered that a large majority of the mortgages that we deal with today were closed between the years of 1992 – 2007.  During these years, closing attorneys and lenders were overwhelmed with business, and as a result many errors in preparing documents that compromised the lenders lien rights.”  Surane will outline the steps that should be taken in order to properly prepare to defend a foreclosure case including:

  • Errors in the legal descriptions
  • The legal description was attached at the time the deed of trust was signed
  • Errors in the timing of the recordation of documents in the chain of title
  • Errors in the spelling of the grantor or grantee names
  • Both Grantors names in the body of the Deed of Trust and not just signed
  • Failure to include all necessary signatures on deeds

Attorney James Surane is the Managing Partner at James W. Surane Law.  He manages all aspects of trial preparation and Superior Court appearances involving foreclosure defense and general civil litigation.

Over the past 25 years Surane has litigated hundreds both bench and jury trials. Over the past 8 years, he has tried over 75 cases involving foreclosure defense and bank lawsuits, many of which resulted in very favorable outcomes for his clients. In addition to litigation, Surane manages a real estate closing department and understands the legal intricacies of title and closings. The real estate closing department has closed several thousand loans for clients.


Attorney James W. Surane

18825 West Catawba Avenue, Suite 150

Cornelius, NC 28031

(O) 704.895.5885

(F)  866.410.6311




2 Responses

  1. @True:

    My sentiments exactly!! How do you let someone who attempted to rob you and got caught dictate terms? Stand your ground and then press forward to expose the truth!!

  2. I listened last evening. I appreciated the questions you asked, Neil. One subject that has always kind of rubbed me the wrong way throughout the blog radio shows that I have listened to is when attorneys handle modifications and boast to get the consumer into terms that they can afford, etc., etc… Last evening’s show, I guess pushed this splinter to the surface. My question is this: When an attorney knows that a servicer has no beneficial interest in a consumer’s home & property based on the fraud that conceived the case, but condones and/or encourages a modification between the servicer and the consumer (that I feel is basically an attempt to legitimize all prior negligent misrepresentations)… when is this not considered a form of mal-guidance. (I am careful not to use the term malpractice)?

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