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IN THE MATTER OF FORECLOSURE OF A DEED OF TRUST, ETC.

No. 8022SC468.

273 S.E.2d 738 (1981)

In the Matter of the FORECLOSURE OF A DEED OF TRUST EXECUTED BY COLEY PROPERTIES, INC., a North Carolina Corporation, by E. James Moore, Substituted Trustee.

Court of Appeals of North Carolina.

January 20, 1981.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by William F. Maready, Winston-Salem, and Fleming, Robinson, Bradshaw & Hinson by John R. Wester, Charlotte, for petitioners-appellees.

James, McElroy & Diehl by William K. Diehl, Jr., Charlotte, for respondents-appellants.

WEBB, Judge.

We consider first the requirement that the respondents post a bond. In foreclosure proceedings a clerk may require a bond by an appealing respondent pursuant to G.S. 45-21.16(d), and a superior court judge may require a bond upon appeal from that court pursuant to G.S. 1-292. In re Simon, 36 N.C. App. 51, 243 S.E.2d 163 (1978). G.S. 45-21.16(d) provides in part as...

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