Thomas v. Miller

LEWIS, Judge.

This case poses several questions; namely, what effect does a voluntary dismissal without prejudice pursuant to N.C.G.S. § 1A-1, N.C.R. Civ. P. 41(a) (1990) have on a foreclosure action with respect to a promissory note’s terms which provide for: (1) attorneys’ fees and other reasonable expenses, and (2) with respect to the date of default when the noteholders institute a second foreclosure suit based upon the same note but a new default.

On 15 December 1984, plaintiffs purchased a home and surrounding real estate and executed a promissory note and a deed of trust in favor of…