Legal Opinion
In Re the Foreclosure by Simpson
Court of Appeals of North Carolina
Decided May 3, 2011No. COA10-361PublishedCited by 40 opinions
1Opinion of the Court
HUNTER, JR., Robert N., Judge.
Respondents Rex T. Gilbert, Jr. and his wife Daniela L. Gilbert, appeal from the trial court’s Order authorizing David A. Simpson, P.C., as Substitute Trustee, to proceed with foreclosure under a power of sale in the Deed of Trust recorded in Book 219 at Page 53 in the Hyde County Register of Deeds. We reverse.
I. Factual and Procedural History
On 5 May 2006, Respondent Rex T. Gilbert, Jr. executed an adjustable rate note (“the Note”) to refinance an existing mortgage on his home. According to the terms of the Note, Mr. Gilbert promised to pay a principal amount of…
2Cases cited19 opinions
- Matter of HelmsCourt of Appeals of North Carolina · 1997
- Quick v. QuickSupreme Court of North Carolina · 1982
- Hotel Corp. v. Taylor and Fletcher v. Foremans, Inc.Supreme Court of North Carolina · 1980
- American Mortgage Network, Incorporated v. Michael D. Shelton Pamela SheltonCourt of Appeals for the Fourth Circuit · 2007
- Matter of Foreclosure of Trust by GoforthSupreme Court of North Carolina · 1993
14 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Federal Deposit Insurance Corporation v. Avery Cashion, IIICourt of Appeals for the Fourth Circuit · 2013
- In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2012
- Gilbert v. Residential Funding LLCCourt of Appeals for the Fourth Circuit · 2012
- In Re the Foreclosure of a Deed of TrustSupreme Court of North Carolina · 2013
- North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc.Supreme Court of North Carolina · 2013
35 more not listed; retrieve them via the Exa API.