Lynch v. Lynch

WELLS, Judge.

Although respondents filed their motion pursuant to N.C. Gen. Stat. § 1A-1, Rule 60(b)(1), (3) and (6) of the Rules of Civil Procedure, for reasons which we later state, the clerk and trial court should have considered respondents’ motion under the provisions of Rule 60(b)(4) of the Rules of Civil Procedure, which empowers the trial court to set aside void judgments.

In their motion to the Clerk, respondents clearly alleged grounds for voiding the Clerk’s order of sale, i.e., that the order, entered by consent, was entered without their authorization and consent.

The subject of the…