Legal Opinion
Chandler v. CLEVELAND SAVINGS AND LOAN ASS'N
Court of Appeals of North Carolina
Decided February 5, 1975No. 7427SC712PublishedCited by 10 opinions
1Opinion of the Court
PARKER, Judge.
When a mortgage or deed of trust is wrongfully foreclosed, the injured mortgagor who elects not to ratify the sale may either (1) treat the sale as a nullity and sue to set it aside, or (2) permit the sale to stand and sue the mortgagee to recover damages suffered as a result of the wrongful foreclosure. Smith v. Land Bank, 213 N.C. 343, 196 S.E. 481 (1938) ; Burnett v. Supply Co., 180 N.C. 117, 104 S.E. 137 (1920) ; 55 Am. Jur. 2d, Mortgages, § 535; 5 Strong, N. C. Index 2d, Mortgages and Deeds of Trust, § 37. In the present case, plaintiffs have elected to pursue the second…
2Cases cited5 opinions
- Smith v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
- Burnett v. Dunn Commission & Supply Co.Supreme Court of North Carolina · 1920
- Morris v. AustrawSupreme Court of North Carolina · 1967
- Howell v. . BransonSupreme Court of North Carolina · 1946
3Cited by10 opinions
- Huss v. HussCourt of Appeals of North Carolina · 1976
- Hillman v. United States Liability InsuranceCourt of Appeals of North Carolina · 1982
- In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
- High Point Bank v. Morgan-Schultheiss, Inc.Court of Appeals of North Carolina · 1977
- Adams v. WoodsCourt of Appeals of North Carolina · 2005
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