Legal Opinion

In Re the Foreclosure of That North Carolina Deed of Trust by Carver Pond I Ltd. Partnership

Court of Appeals of North Carolina

Decided December 6, 2011No. COA11-367PublishedCited by 4 opinions

1Opinion of the Court

THIGPEN, Judge.

Respondent Carver Pond I Limited Partnership (“Carver Pond”) appeals from the trial court’s order authorizing James Trachtman to act as substitute trustee and to proceed with foreclosure under a power of sale. We must determine whether the trial court erred by finding that Bank of America, National Association (“Bank of America”) is the holder of the debt and that the promissory note was in default. Because we conclude the trial court’s findings of fact are supported by competent evidence, we affirm.

Carver Pond owns Carver Pond Apartments, located at 4001 Meriwether Drive in…

2Cases cited5 opinions

  1. Hotel Corp. v. Taylor and Fletcher v. Foremans, Inc.Supreme Court of North Carolina · 1980
  2. In Re the Foreclosure by SimpsonCourt of Appeals of North Carolina · 2011
  3. In Re the Foreclosure of a Deed of Trust Executed by AdamsCourt of Appeals of North Carolina · 2010
  4. Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1983
  5. In Re the Foreclosure of a Deed of Trust Executed by BigelowCourt of Appeals of North Carolina · 2007

3Cited by4 opinions

  1. In re: CollinsCourt of Appeals of North Carolina · 2017
  2. INMAR BRAND SOLUTIONS, INC. V. INFINITY SALES GROUP, LLCDistrict Court, M.D. North Carolina · 2019
  3. In re Foreclosure of a Deed of Trust Executed by IannucciCourt of Appeals of North Carolina · 2017
  4. Robert L. Dawson Farms, LLC v. Meherrin Agricultural & Chemical CompanyUnited States Bankruptcy Court, E.D. North Carolina · 2019

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