Sheasgreen Holding Co. v. Dworsky

Defendant appealed from a judgment adjudging void a mortgage foreclosure sale.

Defendant, being the assignee of a second mortgage, caused it to be foreclosed by advertisement. At the foreclosure sale defendant purchased the property for $9,500. The failure to record the power of attorney authorizing the attorney to foreclose the mortgage until the day following the sale is the ground upon -which plaintiff, the owner of the mortgaged premises, seeks to invalidate the sale.

G. S. 1928 (2 Mason, 1927) § 9606, reads:

“Whenever an attorney at law is employed to conduct such foreclosure, his authority…