Espinosa v. Martin

HORTON, Judge.

An action for foreclosure under power of sale provides an alternative to “costly and . . . time-consuming . . . foreclosure[s] by action . ...” In re Watts, 38 N.C. App. 90, 94, 247 S.E.2d 427, 429 (1978). At the initial hearing before the clerk of superior court, the clerk is to “find the existence of a ‘(i) valid debt of which the party seeking to foreclose is the holder, (ii) default, (iii) right to foreclose under the instrument, and (iv) notice to those entitled Id. at 93, 247 S.E.2d at 429. See also N.C. Gen. Stat. § 45-21.16(d) (1996). The role of the clerk is limited to…