In re Sutton

CALABRIA, Judge.

Daryl O. Sutton ("Sutton") and Shonda J. Sutton ("Shonda") (collectively, "respondents") appeal from an order allowing the substitute trustee to proceed with a foreclosure by power of sale under the terms of respondents' Deed of Trust. We affirm.

On 14 April 2005, Sutton executed a promissory note in favor of First NLC Financial Services, LLC ("First NLC") in the original principal amount of $136,000.00 to purchase 3802 King Edward Court, a residential property in Greensboro, North Carolina. The note was secured by a deed of trust that was signed by Sutton and his wife, Shonda,…