Legal Opinion

In re the Foreclosure of the Property of Johnson

Court of Appeals of North Carolina

Decided February 5, 1985No. 8415SC479Published

1Opinion of the Court

MARTIN, Judge.

The issues presented in this appeal pertain to the burden upon a party seeking to foreclose under a deed of trust securing payment of a promissory note to establish the existence of a valid *487debt of which he is the holder. We hold that petitioners have failed to carry this burden.

Petitioners contend the trial court erred in finding in its order that the petitioners had failed to show the existence of a promissory note with any terms sufficient to cause a foreclosure in this proceeding. A party seeking to go forward with foreclosure under a deed of trust securing payment of a…

2Cases cited7 opinions

  1. Hotel Corp. v. Taylor and Fletcher v. Foremans, Inc.Supreme Court of North Carolina · 1980
  2. In Re the Foreclosure of the Deed of Trust of BurgessCourt of Appeals of North Carolina · 1980
  3. Gibbs v. Carolina Power & Light CompanySupreme Court of North Carolina · 1966
  4. ConnolLy v. PottsCourt of Appeals of North Carolina · 1983
  5. Liles v. MyersCourt of Appeals of North Carolina · 1978

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