IN RE DAVID A. SIMPSON, P.C.

No. COA10-361.

711 S.E.2d 165 (2011)

In the Matter of the Foreclosure by DAVID A. SIMPSON, P.C., Substitute Trustee, of a Deed of Trust Executed by Rex T. Gilbert, Jr. and Daniela L. Gilbert, Husband and Wife, Dated May 5, 2006 and Recorded on May 10, 2006, in Book 219 at Page 53 of the Hyde County Public Registry.

Court of Appeals of North Carolina.

May 3, 2011.


Attorney(s) appearing for the Case

Katherine S. Parker-Lowe , Ocracoke, for respondent-appellants.

The Law Office of John T. Benjamin, Jr., P.A., Raleigh, by John T. Benjamin, Jr. and James R. White for petitioner-appellee.


HUNTER, JR., ROBERT N., Judge.

Respondents Rex T. Gilbert, Jr. and his wife Daniela L. Gilbert, appeal from the trial court's Order authorizing David A. Simpson, P.C., as Substitute Trustee, to proceed with foreclosure under a power of sale in the Deed of Trust recorded in Book 219 at Page 53 in the Hyde County Register of Deeds. We reverse.

I. Factual and Procedural History

On 5 May 2006, Respondent Rex T. Gilbert, Jr. executed an adjustable rate...

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