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MATTER OF BURGESS

No. 7927SC1201.

267 S.E.2d 915 (1980)

In the Matter of the Foreclosure of the Deed of Trust of A. C. BURGESS, Jr., Single, to L. B. Hollowell, Jr., Trustee, for Gastonia Mutual Savings and Loan Association. Recorded in the Gaston County Public Registry in Deed of Trust Book 1467 at Page 287.

Court of Appeals of North Carolina.

July 15, 1980.

Attorney(s) appearing for the Case

James C. Windham, Jr., Gastonia, for petitioner-appellee.

Horace M. DuBose, III, Gastonia, and Robert J. Bernhardt, Charlotte, for respondents-appellants.

PARKER, Judge.

At issue in the present case is the scope of the procedures under G.S. 45-21.16 for hearing prior to the exercise of a power of sale under a deed of trust. G.S. 45-21.16(d), after providing for a hearing before the clerk of court in the county where the land is located, provides:

If the clerk finds the existence of (i) valid debt of which the party seeking to foreclose is the holder, (ii) default, (iii) right to foreclose under the instrument...

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