In re Foreclosure of Deed of Trust of Michael Weinman Associates

Judge Greene

dissenting.

Assuming without deciding that Weinman’s claim is of a type that can be raised in a foreclosure hearing, Weinman’s failure to pay the property taxes defeats its right to a release of the second 100-acre tract of land.

Weinman covenanted in the deed of trust to pay all taxes which would be levied against the property within thirty (30) days after they became due. It is not disputed that Weinman failed to timely pay a portion of the 1988 ad valorem property taxes. Real property taxes are due on 1 September of the fiscal year in which they are levied. N.C.G.S. § 105-360(a)…