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CHANDLER v. CLEVELAND SAVINGS AND LOAN ASS'N

No. 7427SC712.

211 S.E.2d 484 (1975)

24 N.C. App. 455

Marshall CHANDLER and Austiene Chandler v. CLEVELAND SAVINGS AND LOAN ASSOCIATION.

Court of Appeals of North Carolina.

February 5, 1975.

Attorney(s) appearing for the Case

Mullen, Holland & Harrell, P.A. by Graham C. Mullen, Gastonia, for plaintiff appellants.

Hamrick & Hobbs by L. L. Hobbs, Shelby, for defendant appellee.

PARKER, Judge.

When a mortgage or deed of trust is wrongfully foreclosed, the injured mortgagor who elects not to ratify the sale may either (1) treat the sale as a nullity and sue to set it aside, or (2) permit the sale to stand and sue the mortgagee to recover damages suffered as a result of the wrongful foreclosure. Smith v. Land Bank, 213 N.C. 343, 196 S.E. 481 (1938); Burnett v. Supply Co., 180 N.C. 117, 104 S.E. 137 (1920); 55 Am.Jur.2d, Mortgages, § 535...

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