Legal Opinion

In re the Foreclosure of the Deed of Trust of Mills

Court of Appeals of North Carolina

Decided June 5, 1984No. 838SC596Published

1Opinion of the Court

ARNOLD, Judge.

Appellant contends that the trial court erred in denying the substitute trustee the right to proceed with foreclosure. He claims that Thelma Mills ratified her unauthorized signature on the note and deed of trust, thereby binding her to the terms of the instruments. We do not agree with this contention and affirm the order of the trial court.

North Carolina case law requires that for a deed to be effective it must be signed by the grantor. New Home Building Supply Co. v. Nations, 259 N.C. 681, 131 S.E. 2d 425 (1963). Since there is no dispute that Gloria Best signed Thelma Mills’…

2Cases cited4 opinions

  1. Williams v. Pilot Life Insurance CompanySupreme Court of North Carolina · 1975
  2. NEW HOME BUILDING SUPPLY COMPANY v. NationsSupreme Court of North Carolina · 1963
  3. Lawson v. Bank of BladenboroSupreme Court of North Carolina · 1932
  4. Davenport v. . SleightSupreme Court of North Carolina · 1837

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