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IN RE CARTER

No. COA11-990.

725 S.E.2d 22 (2012)

In the Matter of the Foreclosure of a Deed of a North Carolina Deed of Trust Dated and Recorded November 9, 2007 in Book 5249 at Page 2843, in the Office of the Register of Deeds, New Hanover County, North Carolina, by James Oliver CARTER, Substitute Trustee.

Court of Appeals of North Carolina.

March 6, 2012.

Attorney(s) appearing for the Case

Driscoll Sheedy, P.A., Charlotte, by James W. Sheedy and Susan E. Driscoll , for petitioner-appellee.

Shanklin & Nichols, LLP, Wilmington, by Kenneth A. Shanklin , and Cynthia W. Baldwin , for respondents-appellants.

HUNTER, ROBERT C., Judge.

Kirk E. Pugh and Barbara A. Pugh ("respondents") appeal from the trial court's order authorizing James Oliver Carter, the substitute trustee for Capital One Bank ("petitioner"), to proceed with foreclosure under a power of sale. Respondents argue that the trial court committed reversible error by denying their demand for arbitration and failing to issue written findings of fact regarding its denial of their motion to stay the foreclosure...

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