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Deed of Trust › Rules of Civil Procedure

Ward and Smith, P.A.

Can I Get Sued Over a Court-Authorized Foreclosure?

Ward and Smith, P.A. on

If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue to nullify the foreclosure sale or recover damages caused by the foreclosure? In the...more

Womble Bond Dickinson

What’s In a Name: Naming Parties to a Lawsuit Over a Deed of Trust

Womble Bond Dickinson on

Today, we look at the North Carolina Court of Appeals’ recent analysis in Nationstar Mortgage, LLC v. Curry, et al., COA18-351 (November 6, 2018) regarding whether a secured lender is actually a party to a proceeding....more

Parker Poe Adams & Bernstein LLP

Foreclosures in North Carolina - Say Goodbye to Discovery and Res Judicata

Parker Poe Adams & Bernstein LLP on

Late December is a time of family, mistletoe and “presents under the tree.” It’s not usually the time when minds switch to the specifics of foreclosure procedure. Yet just before they retired for their Christmas break, the...more

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