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MATTER OF FORECLOSURE OF TRUST BY GOFORTH

No. 123PA93.

432 S.E.2d 855 (1993)

334 N.C. 369

In the Matter of the FORECLOSURE OF a DEED OF TRUST Executed by GOFORTH PROPERTIES, INC., a NC Corporation, in the principal amount of $100,000.00 dated December 22, 1989, recorded in Book 367, page 133 in the Orange County Registry by William J. Bair, Substituted Trustee by Instrument recorded in Book 934, page 325, Orange County Registry. Edwin W. TENNEY, Jr., William A. Reppy, Jr. and Juliann Tenney v. Stephen S. BIRDSALL, Margo L. Price, Tawfik A. Zein and Rima F. Zein.

Supreme Court of North Carolina.

July 30, 1993.

Attorney(s) appearing for the Case

Thomas H. Stark, Durham, for petitioners-appellants.

Maxwell & Hutson, P.A. by James H. Hughes and Lauren M. Mikulka, Durham, for respondent-appellees.

PARKER, Justice.

This proceeding was initiated by the substitute trustee's petition for hearing prior to foreclosure sale pursuant to N.C.G.S. § 45-21.16, filed 28 October 1991 in Orange County. After a hearing on 4 December 1991, the assistant clerk of superior court authorized foreclosure. Respondents Birdsall, Price, and Zein appealed pursuant to N.C.G.S. § 45-21.16(d). The appeal came on for hearing at the 21 January 1992 Civil Session of Superior Court...

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