Legal Opinion
PMB, INC. v. Rosenfeld
Court of Appeals of North Carolina
Decided September 16, 1980No. 8029SC187PublishedCited by 5 opinions
1Opinion of the Court
HILL, Judge.
The superior court acted correctly in grantingpartial summary judgment in favor of mortgagor. No proper notice of the 16 August 1978 hearing at which the deed of trust was foreclosed was given to mortgagor. The requirements of G.S. 45-21.16 were not met.
G.S. 45-21.16(a) requires that notice of the hearing “shall be served in any manner provided by the Rules of Civil Procedure for the service of summons, or may be served by actual delivery by registered or certified mail, return receipt requested ... .” Mortgagee asserts that he sent a letter to mortgagor’s attorney giving notice…
2Cases cited2 opinions
- Hyde Insurance Agency, Inc. v. Dixie Leasing Corp.Court of Appeals of North Carolina · 1975
- Mosley v. National Finance Co., Inc.Court of Appeals of North Carolina · 1978
3Cited by5 opinions
- Fleet National Bank v. Raleigh Oaks Joint VentureCourt of Appeals of North Carolina · 1994
- Atlantic & East Carolina Railway Co. v. Southern Outdoor Advertising, Inc.Court of Appeals of North Carolina · 1998
- Noel Williams Masonry, Inc. v. Vision Contractors of Charlotte, Inc.Court of Appeals of North Carolina · 1991
- Fleet National Bank v. Raleigh Oaks Joint VentureCourt of Appeals of North Carolina · 1994
- In re FortescueCourt of Appeals of North Carolina · 1986