Legal Opinion

In re: Clayton

Court of Appeals of North Carolina

Decided August 1, 2017No. COA16-960PublishedCited by 5 opinions

1Opinion of the Court

ELMORE, Judge.

Ms. Jackie B. Clayton (respondent), a widowed spouse of a homeowner who entered into a reverse-mortgage agreement with Wells Fargo (petitioner), appeals an order authorizing Wells Fargo to foreclose under a power-of-sale provision contained within the deed of trust on the property that secured her late husband's promissory note. The deed of trust and the note contained provisions empowering Wells Fargo to accelerate the maturity of the note's debt upon a borrower's death, provided the property did not remain the principal residence of a "surviving borrower," and to exercise its…

2Cases cited13 opinions

  1. Coach Co. v. . LeeSupreme Court of North Carolina · 1940
  2. In Re the Foreclosure by SimpsonCourt of Appeals of North Carolina · 2011
  3. In Re the Foreclosure of a Deed of TrustSupreme Court of North Carolina · 2013
  4. Queen City Coach Co. v. LeeSupreme Court of North Carolina · 1940
  5. In Re Foreclosure of Sutton Investments, Inc.Court of Appeals of North Carolina · 1980

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Exec. Off. Park of Durham Ass'nCourt of Appeals of North Carolina · 2021
  2. Exec. Off. Park of Durham Ass'nCourt of Appeals of North Carolina · 2021
  3. In re: JonesCourt of Appeals of North Carolina · 2024
  4. In re: WorshamCourt of Appeals of North Carolina · 2019
  5. Onewest Bank v. PalmeroDistrict Court of Appeal of Florida · 2019

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