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PARKER v. SHELDON

No. 794SC1095.

267 S.E.2d 403 (1980)

George PARKER and Meredith Parker v. Everett G. SHELDON and Daisy S. Sheldon and Carl S. Milsted, Trustee.

Court of Appeals of North Carolina.

July 1, 1980.

Attorney(s) appearing for the Case

Willis A. Talton, Greenville, for plaintiffs-appellants.

W. M. Cameron, Jr., Jacksonville, for defendants-appellees.

ARNOLD, Judge.

The trial court found that the institution of foreclosure proceedings violated plaintiffs' due process rights because plaintiffs were not notified that the debt was being accelerated and because no hearing was held to determine whether plaintiffs were actually in default. The court concluded: "(5) The institution of foreclosure proceedings being in violation of the constitutional rights of the plaintiffs, the foreclosure is therefore a nullity and the...

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