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IN RE ROLLINS

No. 8422SC797.

331 S.E.2d 303 (1985)

In re Foreclosure of Deed of Trust from Charles Wayne ROLLINS and Wife, Delorise Lee Rollins, to Tim, Inc., Trustee, Dated April 25, 1979 and Recorded in Book 570 at Page 970 in the Davidson County Public Registry and in Book 1109 at Page 100 in the Randolph County Public Registry.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Clarence Mattocks, High Point, for respondent-appellants.

Whitley & Spach by John B. Whitley, Charlotte, for appellee Bankers Mortg. Corp.

PHILLIPS, Judge.

The existence of a mortgage debt is an indispensible requisite for foreclosure under our law. G.S. 45-21.16(d); Matter of Sutton Investments, Inc., 46 N.C. App. 654, 266 S.E.2d 686 (1980), disc. rev. denied, 301 N.C. 90 (1980). The record before us contains no competent evidence to support the judge's finding that a valid debt exists under the note and deed of trust...

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