FRANKLIN CRED. RECOVERY FUND XXI, L.P. v. HUBER

No. COA96-1297.

487 S.E.2d 825 (1997)

FRANKLIN CREDIT RECOVERY FUND, XXI, L.P., a Virginia Limited Partnership, Plaintiff-Appellant, v. In the Matter of the Foreclosure of Deeds of Trust of W. Dean HUBER and wife, Ellen B. Huber; Michael R. Ferraro and wife, Sandra E. Ferraro, Defendants-Appellees.

Court of Appeals of North Carolina.

August 5, 1997.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Jim W. Phillips, Jr., Randall A. Underwood, and Wayne A. Logan, Raleigh, for plaintiff-appellant.

Clifton & Singer, L.L.P. by Richard G. Singer, Raleigh, for defendants-appellees W. Dean Huber and Ellen B. Huber.

Gulley, Kuhn & Taylor, L.L.P. by David J. Kuhn, Raleigh, for defendants-appellees Michael R. Ferraro and Sandra E. Ferraro.


LEWIS, Judge.

Plaintiff Franklin Credit Recovery Fund appeals superior court orders denying its foreclosure petition and motion to reopen for additional evidence. We reverse.

Plaintiff is the beneficiary of deeds of trust on properties owned by W. Dean Huber and his wife Ellen B. Huber, and Michael R. Ferraro and his wife Sandra E. Ferraro. The deeds secure a consolidation loan in the amount of $195,976.11, which is evidenced by a promissory note dated 30...

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