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NCNB NAT. BANK v. O'NEILL

No. 905SC863.

401 S.E.2d 858 (1991)

NCNB NATIONAL BANK OF NORTH CAROLINA v. Robert O'NEILL and Ted Tinsley, Individually and as Partners of T & O Investments, a North Carolina General Partnership.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Moore & Van Allen by Jonathan D. Sasser and Kevin M. Capalbo, Durham, for plaintiff-appellee.

Poisson, Barnhill & Britt by Donald E. Britt, Jr., and J.L. Seay, Jr., Wilmington, for defendants-appellants.

WELLS, Judge.

This case turns on whether N.C.Gen.Stat. § 45-21.36 applies on these facts and can be relied on by defendants at a trial on the merits. We hold that it does and reverse the order of summary judgment.

N.C.Gen.Stat. § 45-21.36 states, in pertinent part:

When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same, at which the mortgagee, payee or other holder of the obligation...

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