Swindell v. Overton

MARTIN, Justice.

In its opinion, the Court of Appeals held that pursuant to N.C.G.S. 45-21.34, .35, Judge Peel had correctly entered summary judgment for defendants Overton, Cahoon, and Credle as to plaintiffs’ right to injunctive relief in this matter. “Once the Clerk’s Order of Confirmation is entered, an action for injunctive relief will not lie. . . .” 62 N.C. App. at 166, 302 S.E. 2d at 845. The opinion further concluded, at least by implication, that the plaintiffs Swindell are also barred from the remedy of setting aside the foreclosure sale on the same grounds that their action was not…