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BRANCH BANKING & TRUST v. KENYON INV. CORP.

No. 8427SC1033.

332 S.E.2d 186 (1985)

BRANCH BANKING AND TRUST COMPANY (formerly Independence National Bank) v. KENYON INVESTMENT CORPORATION; Garson Rice; Thomas A. Robinson, Substitute Trustee; and Sunstates Corporation.

Court of Appeals of North Carolina.

July 16, 1985.

Attorney(s) appearing for the Case

Mullen, Holland & Cooper by Raboteau T. Wilder, Jr. and William E. Moore, Jr., Gastonia, for plaintiff-appellant.

Tuggle, Duggins, Meschan & Elrod by David F. Meschan and Henry B. Mangum, Jr., Greensboro, for defendant-appellees.

EAGLES, Judge.

The question presented by this appeal is whether BB & T may foreclose on the deed of trust to the real property acquired by Kenyon and Rice from the Gardners through foreclosure. For the reasons set out below, we hold that BB & T has the right to foreclose on the land and that they were entitled to summary judgment in their favor.

I.

Prior to the foreclosure by Kenyon and Rice (hereafter collectively referred to as

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