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IN RE NORTH CAROLINA DEED OF TRUST

No. COA11-367.

719 S.E.2d 207 (2011)

In the Matter of the Foreclosure of that NORTH CAROLINA DEED OF TRUST by Carver Pond I Limited Partnership to United General Title Insurance Company, Trustee for Red Capital Commercial Funding, LLC as Recorded in the Durham Country Registry in Book 5710 at Page 308.

Court of Appeals of North Carolina.

December 6, 2011.

Attorney(s) appearing for the Case

Law Office of James C. White, P.C., Durham, by James C. White and Michelle M. Walker , for respondent-appellant.

Kilpatrick Townsend & Stockton LLP, by Alan D. McInnes , Charlotte, and James H. Pulliam , Raleigh, for petitioner-appellee.

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...

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