Ludwig v. Hart

MITCHELL, Judge.

The defendants first contend that the failure of the plaintiffs to join the trustee in the deed of trust as a party to this action renders the judgment of foreclosure void. G.S. 1A-1, Rule 19(a) requires that a person must be joined as a party to an action if that person is “united in interest” with another party to the action. A person is “united in interest” with another party when that person’s presence is necessary in order for the court to determine the claim before it without prejudicing the rights of a party before it or the rights of others not before the court. In the…