Legal Opinion
In re the Foreclosure of the Deed of Trust of Newcomb
Court of Appeals of North Carolina
Decided September 21, 1993No. 928SC627PublishedCited by 5 opinions
1Opinion of the Court
JOHN, Judge.
Mortgagor Fred C. Newcomb (Newcomb) assigns as error the trial court’s denial of his “Motion in the Cause” for remission of a portion of the commission claimed by trustee Joseph Horton (trustee) and the court’s approval of $10,000.00 as the amount of commission. For the reasons which follow, we reverse the court’s order.
The facts are not in dispute. A deed of trust was executed on 30 April 1984 securing an $80,000.00 principal indebtedness of Newcomb to Shirley Hill Post No. 94 of the American Legion. Newcomb defaulted on the note secured by the deed of trust. Foreclosure…
2Cases cited15 opinions
- Adder v. Holman & Moody, Inc.Supreme Court of North Carolina · 1975
- Lumbee River Electric Membership Corp. v. City of FayettevilleSupreme Court of North Carolina · 1983
- Austin v. AustinCourt of Appeals of North Carolina · 1971
- Klein v. Avemco InsuranceSupreme Court of North Carolina · 1975
- Falls v. FallsCourt of Appeals of North Carolina · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Supreme Court of North Carolina · 2012
- CIT GROUP/SALES FINANCING, INC. v. BrayCourt of Appeals of North Carolina · 2000
- In Re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Court of Appeals of North Carolina · 2010
- In Re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Court of Appeals of North Carolina · 2010
- In Re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.Court of Appeals of North Carolina · 2010