In Re Matter of Ackah

We hold that the HOA's notice to Ms. Ackah of the proceeding before the Clerk did not satisfy the requirements of Rule 4 of our Rules of Civil Procedure. Therefore, we conclude that Ms. Ackah was entitled to some form of relief from the Clerk's order which had authorized the public sale of her Property.

However, the superior court was constrained by N.C. Gen. Stat. § 1-108 from granting a form of relief to Ms. Ackah which affected the title of the Jones Family's-a good faith purchaser at the judicial sale ordered by the Clerk-to the Property. That is, by enacting G.S. 1-108, the General…