Smith v. Raiteri · 26CV033940-590 · Mecklenburg County Superior Court 01 / 26
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Smith v. Raiteri

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.

Start
Era 01

Buying the House

Oct–Dec 2025
Oct 22, 2025

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 EDT
Nov–Dec 2025

We 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 closes
Dec 17, 2025

The 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.

Dec 29, 20256:08 PM

Davies confirms it in writing

Davies writes to the judge that “the Smiths did agree to take a Rule 41 voluntary dismissal.”

Dec 30, 2025

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.

Era 02

The First Case Is Dismissed

March 2026
Mar 2, 2026

The Smiths dismiss the case

The dismissal is voluntary and without prejudice, consistent with what Davies told the Court in December.

25-CVS-67264
Era 03

The Case Is Refiled

Jun–Jul 2026
Jun 18, 2026

The Smiths file again

The new complaint concerns the same dispute and is filed within Rule 41's one-year window.

26CV033940-590
Jun 30, 2026

We are served

The complaint and summons are served. We have 30 days to answer.

Jul 17, 20265:47 PM

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 #7898044
Jul 17, 20266:03 PM

Sixteen minutes later

A separate Motion to Quash is filed correctly in the new case. At the time, Ashley believes both filings went through.

Envelope #7243150
Era 04

The Missed Answer Deadline

Jul–Aug 2026
Jul 30–31, 2026

The deadline passes

We do not file a separate answer because Ashley believes the Motion to Dismiss is pending and has suspended the deadline.

Aug 3, 2026

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.

Aug 11, 2026

Entry of default

The clerk enters default against both defendants. The Smiths' claim is joint and several.

$16,964
Aug 12, 2026

We 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.

Aug 24, 2026

A $15,000 settlement offer

The Smiths offer to settle the case for $15,000. The offer expires Sept 5 without an agreement.

Era 05

Our Motion to Set Aside Default

Sep 2026
Sep 6–9, 2026

We verify the record

We check the filing history, lender records, emails, and dotloop timestamps against each other rather than relying on memory.

Sep 9, 2026

Renee signs the declaration

Sep 10, 2026

Ashley signs, and we file

The motion package is filed 29 days after the Motion for Default Judgment and 14 days before the hearing.

Sep 24, 2026

The hearing

The hearing is set for 3:30 PM in Courtroom 6310.

The Short Version

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.

For Ashley & Renee's reference only · not filed with the Court