First Union National Bank v. Rolfe

MARTIN, Judge.

We must reverse the trial court’s denial of Mrs. Rolfe’s motion for relief from the 30 April 1985 order declaring that none of her property in this State is exempt from execution. Mrs. Rolfe is entitled to relief from that order because it was entered without notice to her in violation of rights guaranteed her by our Constitution and statutes.

Every resident of North Carolina is entitled to claim certain of his property as exempt from sale to satisfy the claims of his creditors. N. C. Const., Art. 10; G.S. 1C-1601 et seq. Only a resident of this State, however, may claim the…