How we
got here.
A date-by-date account of the purchase of 132 Creek Valley Drive, the filing mistake that led to default, and what we did after we found it. Scroll or use the arrow keys to move through the record.
Buying the House
Contract signed
We agree to buy 132 Creek Valley Drive for $712,000. Settlement is set for Dec 1, with seven additional days allowed under the contract.
dotloop, 9:12 & 9:16 PM EDTWe change lenders
CrossCountry cannot complete the HELOC under its power-of-attorney rules. Without that cash to close, the Cardinal loan does not work either. We move to Origin Point.
Origin Point is the loan that closesThe TRO hearing
Ashley hears the Smiths' lawyer tell Judge Kuehnert that they want the sale to close and will not pursue their claims if we complete the purchase. There is no transcript.
Davies confirms it in writing
Davies writes to the judge that “the Smiths did agree to take a Rule 41 voluntary dismissal.”
Closing
The $712,000 purchase closes and the funds are distributed. After speaking with Davies, the closing attorney tells us the Smiths will not pursue further legal action and will dismiss the case.
The First Case Is Dismissed
The Smiths dismiss the case
The dismissal is voluntary and without prejudice, consistent with what Davies told the Court in December.
25-CVS-67264The Case Is Refiled
The Smiths file again
The new complaint concerns the same dispute and is filed within Rule 41's one-year window.
26CV033940-590We are served
The complaint and summons are served. We have 30 days to answer.
The filing mistake
Ashley starts an eFileNC envelope for the Motion to Dismiss using the number of the already-dismissed case. The envelope remains a draft and is never submitted.
Draft #7898044Sixteen minutes later
A separate Motion to Quash is filed correctly in the new case. At the time, Ashley believes both filings went through.
Envelope #7243150The Missed Answer Deadline
The deadline passes
We do not file a separate answer because Ashley believes the Motion to Dismiss is pending and has suspended the deadline.
The motion we do not receive
Plaintiffs' counsel's certificate says the Motion for Entry of Default is mailed to us. We never receive it.
Entry of default
The clerk enters default against both defendants. The Smiths' claim is joint and several.
$16,964We find out
Electronic service of the Motion for Default Judgment is our first notice that anything went wrong. The Court's Jul 31 notice arrives by mail the same day, 12 days after its date.
A $15,000 settlement offer
The Smiths offer to settle the case for $15,000. The offer expires Sept 5 without an agreement.
Our Motion to Set Aside Default
We verify the record
We check the filing history, lender records, emails, and dotloop timestamps against each other rather than relying on memory.
Renee signs the declaration
Ashley signs, and we file
The motion package is filed 29 days after the Motion for Default Judgment and 14 days before the hearing.
The hearing
The hearing is set for 3:30 PM in Courtroom 6310.
The complete record
This timeline leaves out the exhibits, citations, source notes, and open questions. They are all in the full Smith v. Raiteri case chronology.