Legal Opinion

In re the proposed Foreclosure of Deed of Trust executed by McDuffie

Court of Appeals of North Carolina

Decided March 15, 1994No. 9318SC406PublishedCited by 2 opinions

Appeal by Mutual Savings and Loan Association from judgment signed 11 December 1992 in Guilford County Superior Court by Judge Lester P. Martin, Jr. Heard in the Court of Appeals 2 February 1994. Dannie and Mary R. McDuffie are the record owners of two tracts of real property located in Guilford County.

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Appeal by Mutual Savings and Loan Association from judgment signed 11 December 1992 in Guilford County Superior Court by Judge Lester P. Martin, Jr. Heard in the Court of Appeals 2 February 1994. Dannie and Mary R. McDuffie are the record owners of two tracts of real property located in Guilford County. On 8 December 1972, the McDuffies conveyed property located at 1501 Woodbriar Avenue by deed of trust to American Federal Savings and Loan Association (American) to secure a debt owed American, and, on 13 August 1973, the McDuffies conveyed property located at 808 Lowdermilk Street by deed of…

1Opinion of the Court

WELLS, Judge.

Mutual argues that the trial court erred by ordering petitioner to file a report of sale of the Lowdermilk property in the amount of $43,361.17 and denying petitioner’s motion to withdraw the bid. Mutual contends that the trial court erred in finding and concluding that the bid made by petitioner was an authorized bid and in denying petitioner’s motion to withdraw the bid. We disagree.

In the exercise of equitable jurisdiction, our courts have the power to relieve a purchaser at a foreclosure sale when there is an irregularity in the sale combined with a grossly inadequate or…

2Cases cited8 opinions

  1. Zimmerman v. Hogg & Allen, Professional Ass'nSupreme Court of North Carolina · 1974
  2. Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
  3. West Ex Rel. West v. F. W. Woolworth Co.Supreme Court of North Carolina · 1939
  4. Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
  5. Morpul Research Corp. v. Westover Hardware, Inc.Supreme Court of North Carolina · 1965

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re Foreclosure of Real PropertyCourt of Appeals of North Carolina · 2003
  2. In Re Goddard & Peterson, PLLCCourt of Appeals of North Carolina · 2016

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