Legal Opinion
In Re the Foreclosure of a Certain Deed of Trust From Watts
Court of Appeals of North Carolina
Decided September 19, 1978No. 773SC947PublishedCited by 35 opinions
1Opinion of the Court
CLARK, Judge.
The sole question presented on appeal is whether a Superior Court Judge is authorized to invoke equity jurisdiction in a hearing de novo on appeal pursuant to G.S. 45-21.16(d) or is limited to hearing the same matters in controversy which were before the Clerk of Superior Court.
G.S. 45-21.16 provides that prior to a foreclosure under a power of sale, the mortgagee must notify the mortgagor of the impending sale and must provide notice of a hearing before the Clerk of Superior Court. The Clerk is directed in subsection (d) to find the existence of a “(i) valid debt of which the…
2Cases cited12 opinions
- Stevenson v. City of DurhamSupreme Court of North Carolina · 1972
- Turner v. BlackburnDistrict Court, W.D. North Carolina · 1975
- Galligan v. Town of Chapel HillSupreme Court of North Carolina · 1970
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Johnston County v. . EllisSupreme Court of North Carolina · 1946
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re the Foreclosure by SimpsonCourt of Appeals of North Carolina · 2011
- In Re the Foreclosure of a Deed of Trust Executed by AdamsCourt of Appeals of North Carolina · 2010
- In Re Foreclosure of Sutton Investments, Inc.Court of Appeals of North Carolina · 1980
- In Re Foreclosure of Real PropertyCourt of Appeals of North Carolina · 2003
- In Re the Foreclosure of the Deed of Trust of BurgessCourt of Appeals of North Carolina · 1980
30 more not listed; retrieve them via the Exa API.