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IN RE FORECLOSURE OF REAL PROPERTY

No. COA12-1224.

744 S.E.2d 476 (2013)

In re FORECLOSURE OF REAL PROPERTY UNDER DEED OF TRUST FROM Tony Ray YOUNG Jr. and Lisa F. Young, dated September 28, 2007 and recorded on October 1, 2007 in Book 22878 at Page 847.

Court of Appeals of North Carolina.

June 4, 2013.

Attorney(s) appearing for the Case

The Law Office of John T. Benjamin, Jr., P.A., Raleigh, by John T. Benjamin, Jr. , and James R. White , for Wells Fargo Bank, N.A., petitioner appellant.

No brief filed for respondent appellees.

McCULLOUGH, Judge.

Wells Fargo Bank, N.A. ("Wells Fargo" or "petitioner") appeals from an order of the trial court denying its petition to exercise its power of sale after finding that petitioner was barred from foreclosing by the doctrine of equitable estoppel. Because the trial court exceeded its jurisdiction in this special proceeding by considering respondents' equitable defense, we vacate the trial court's order and remand the case to the trial court for further...

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