In Re Foreclosure of Deed of Trust From Gardner

PARKER, Judge.

When respondent Brady filed answer raising issues of fact as to the ownership of the money on deposit with the clerk, the proceeding should have been transferred to the civil issue docket of the superior court for trial. G.S. 45-21.32 (c). Thereafter the clerk had no jurisdiction to adjudicate ownership of the funds which he held for safekeeping under G.S. 45-21.31 (e), his only concern being that the adjudication of this question be made by a court of competent jurisdiction. Koob v. Koob, 283 N.C. 129, 195 S.E. 2d 552. Therefore, the clerk had no jurisdiction to enter the order…