Metropolitan Life Insurance Co. v. Rowell

JOHNSON, Judge.

Plaintiff Metropolitan Life Insurance Company (hereafter, Metropolitan) timely petitioned for rehearing in this matter. We have granted this petition.

The facts of this appeal are set out in Metropolitan Life Insurance Co. v. Rowell, 113 N.C. App. 779, 440 S.E.2d 283 (1994). In this opinion, we address the basis for plaintiffs petition for rehearing. Plaintiff contends that in our previous opinion, we

held that a beneficiary of a deed of trust such as Metropolitan is precluded, based on the doctrine of res judicata, from challenging the enforceability and priority of a claim of…