Hardy v. Moore County

Judge Wynn

dissenting.

I am compelled to dissent in this matter because I find that the defendants have failed to meet the requirements of N.C. Gen. Stat. § 105-375 (1997). Specifically, I find that the defendants failed to exercise due diligence before resorting to publication as a means of providing plaintiff Nicholas Hardy with notice of the foreclosure proceedings against him.

As stated by the majority opinion, N.C. Gen. Stat. § 105-375 provides an in rem method of foreclosure to local taxing units. The notice provision of that statute requires the tax collector to inform the relevant party…