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DOBSON v. SUBSTITUTE TRUSTEE SERVICES, INC.

No. COA10-632.

711 S.E.2d 728 (2011)

Linda G. DOBSON, Plaintiff, v. SUBSTITUTE TRUSTEE SERVICES, INC., Substitute Trustee, and Wells Fargo Bank Minnesota, N.A., as Trustee for Equivantage Home Equity Loan Trust, 1996-4, Note Holder, Equivantage Inc., and America's Servicing Company, Defendants.

Court of Appeals of North Carolina.

May 17, 2011.

Attorney(s) appearing for the Case

Legal Aid of North Carolina, Inc., by Celia Pistolis , John Christopher Lloyd , Raleigh, and Anne J. Randall , for Plaintiff.

Hutchens, Senter & Britton, P.A., Fayetteville, by John A. Mandulak , for Defendants.

STEPHENS, Judge.

Factual and Procedural Background

On 31 July 1996, Plaintiff Linda G. Dobson ("Dobson") and her husband borrowed, at a yearly rate of 12.41% interest, $50,400.00 from Equivantage, Inc. ("Equivantage"). Dobson executed a promissory note in favor of Equivantage in that same amount, the terms of which (1) required Dobson to make monthly payments of interest and principal amounting to $534...

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