Legal Opinion

In re Foreclosure of Deed of Trust from Allan & Warmbold Construction Co.

Court of Appeals of North Carolina

Decided February 16, 1988No. 8726SC428PublishedCited by 11 opinions

1Opinion of the Court

PHILLIPS, Judge.

This proceeding to foreclose on three parcels of Mecklenburg County real estate is based upon the failure of the appellant mortgage debtors, Allan & Warmbold Construction Co., Inc. and Car-mel Chace II, to make the payments required by a note and deed of trust held by North Carolina Federal Savings and Loan Association, and the correctness of the proceeding through the first resale following an upset bid to the first public sale is not questioned. The appellants question only the validity of an order that permitted the upset bidder to withdraw his bid, then the last and…

2Cases cited9 opinions

  1. Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
  2. Smathers v. . GilmerSupreme Court of North Carolina · 1900
  3. Cheek v. . R. R.Supreme Court of North Carolina · 1938
  4. Capehart v. . MhoonSupreme Court of North Carolina · 1859
  5. Pittsburgh Plate Glass Company v. ForbesSupreme Court of North Carolina · 1963

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Gaunt v. PittawayCourt of Appeals of North Carolina · 2000
  2. Brooks v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 2000
  3. State Ex Rel. Cooper v. NCCS Loans, Inc.Court of Appeals of North Carolina · 2005
  4. State Ex Rel. Utilities Com'n v. MCI Telecommunications CorporationCourt of Appeals of North Carolina · 1999
  5. Charles Vernon Floyd, Jr. & Sons, Inc. v. Cape Fear Farm Credit, ACASupreme Court of North Carolina · 1999

6 more not listed; retrieve them via the Exa API.

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