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PMB, INC. v. ROSENFELD

No. 8029SC187.

269 S.E.2d 748 (1980)

PMB, INCORPORATED, a North Carolina Corporation v. Michael B. ROSENFELD, J. Nat Hamrick, Trustee, and J. Nat Hamrick, Individually.

Court of Appeals of North Carolina.

September 16, 1980.

Attorney(s) appearing for the Case

West, Groome & Correll by Ted G. West, Lenoir, for plaintiff-appellee.

Hamrick & Hamrick, by J. Nat Hamrick, Rutherfordton, for defendant-appellant.

HILL, Judge.

The superior court acted correctly in granting partial summary judgment in favor of mortgagor. No proper notice of the 16 August 1978 hearing at which the deed of trust was foreclosed was given to mortgagor. The requirements of G.S. 45-21.16 were not met.

G.S. 45-21.16(a) requires that notice of the hearing "shall be served in any manner provided by the Rules of Civil Procedure for the service of summons, or may be served by actual delivery by...

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