Foreclosure of a Lien by Ridgeloch Homeowners Ass'n v. McNeill

TYSON, Judge.

Nelson G. Harris (“Harris”) as trustee for Ridgeloch Homeowners Association, Inc. (“Ridgeloch”) appeals from order vacating the 22 February 2006 order entered by an Assistant Clerk of Court. We affirm.

I. Background

On 17 January 1997, W. Michael McNeill (“McNeill”) executed and delivered a deed of trust on real property located in Wake County (“the McNeill property”) to Anchor Financial Group, Inc. to secure payment of a promissory note. The note and deed of trust were eventually assigned to American General Finance, Inc. (“American General”).

A. Ridaeloch’s Liens and Harris’s Sales