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RAINTREE REALTY AND CONST., INC. v. KASEY

No. 9328SC879.

447 S.E.2d 823 (1994)

RAINTREE REALTY AND CONSTRUCTION, INC., (Substitute) Trustee, Petitioner, v. Frank W. KASEY and Zelda Kasey, Respondents.

Court of Appeals of North Carolina.

September 6, 1994.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Albert L. Sneed, Jr., Asheville, for petitioner-appellee.

Leonard & Biggers, P.A. by William T. Biggers, Asheville, for respondents-appellants.

JOHN, Judge.

In this action, respondents Giles Wright, Jr. and wife Bren N. Wright (the Wrights), present owners of a personal residence (the residence) previously owned by initial respondents Frank W. and Zelda Kasey (the Kaseys), challenge the trial court's order allowing foreclosure under a power of sale on the residence by Rainbow Realty and Construction, Inc. as trustee. While we are sympathetic with the predicament of the Wrights, we are constrained to conclude...

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