In Re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.

HUNTER, JR., Robert N., Judge,

dissenting.

For the reasons set forth herein, I must respectfully dissent.

The majority opinion addresses two lines of conflicting authority from this Court regarding the discretion, if any, the clerk of court and the superior court possess to approve or deny the attorney’s fees charged by trustees in a foreclosure proceeding. In re Foreclosure of Newcomb, 112 N.C. App. 67, 434 S.E.2d 648 (1993) represents the first line of cases; and In re Foreclosure of Ferrell Brothers Farms, 118 N.C. App. 458, 455 S.E.2d 676 (1995), and In re Foreclosure of Webber, 148 N.C.…