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FLEET NAT. BANK v. RALEIGH OAKS JT. VENT.

No. 9310SC1276.

451 S.E.2d 325 (1994)

FLEET NATIONAL BANK, Plaintiff, v. RALEIGH OAKS JOINT VENTURE, Raleigh Oaks Shopping Center Inc. and Seymour Vogel, Defendants.

Court of Appeals of North Carolina.

December 20, 1994.

Attorney(s) appearing for the Case

McMillan, Kimzey & Smith by James M. Kimzey and Katherine E. Jean, Raleigh, for Lois and Randolph Jeffreys, assignees of plaintiff-appellee.

Howard, From, Stallings & Hutson, P.A. by Lewis E. Lamb, III and John N. Hutson, Jr., Raleigh, for defendants-appellants.

ARNOLD, Chief Judge.

Vogel argues that he cannot be held liable for the deficiency after the foreclosure sale because he was not personally served with notice of the foreclosure hearing. The record reveals that the trustee attempted personal service on Vogel by mailing notice of the hearing by certified mail to the address specified by Vogel in the deed of trust. This attempt at service failed because Vogel had moved to Florida. The trustee also mailed notice by certified...

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