In re The Foreclosure of a Deed of Trust Executed by Ferrell Bros. Farms

GREENE, Judge.

Essex Mortgage Corporation (Essex) appeals from the trial court’s order granting the trustee in a foreclosure proceeding a trustee’s commission and permitting the payment of attorneys’ fees.

This case arises out of a foreclosure proceeding instituted by East Carolina Farm Credit, ACA, who held the first mortgage (the instrument) on property owned by Ferrell Brothers Farms, Inc. Essex had the rights of a second mortgagee on the same property. After the sale, Essex filed notice with the Currituck County Superior Court claiming ownership of any surplus funds available from the sale.…