CONNOLLY v. POTTS

No. 8229SC512.

306 S.E.2d 123 (1983)

63 N.C. App. 547

In the Matter of the Foreclosure of the Deed of Trust of John M. CONNOLLY, and Wife Margie H. Connolly, Grantors v. Jack H. POTTS, Trustee for Frank A. Moody and Wife, Charlotte O. Moody, as Recorded in Book 102, Page 140, of the Transylvania County Registry.

Court of Appeals of North Carolina.

August 16, 1983.


Attorney(s) appearing for the Case

Ramsey & Cilley by Robert S. Cilley, Brevard, for petitioners.

Ramsey, Smart, Ramsey & Hunt, P.A. by Margaret M. Hunt, Brevard, for respondents.


WELLS, Judge.

The issues presented in this appeal relate to the burden upon a party seeking to foreclose under the terms of a deed of trust securing payment of a promissory note to establish that he is the holder of the note.

A party seeking to go forward with foreclosure under a power of sale must establish, inter alia, by competent evidence, the existence of a valid debt of which he is the holder. G.S. 45-21.16(d), In re Foreclosure of Burgess...

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