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G.E. CAPITAL MORTG. SERVICES v. NEELY

No. COA98-1343.

519 S.E.2d 553 (1999)

G.E. CAPITAL MORTGAGE SERVICES, INC., Plaintiff, v. James E. NEELY and Wylene Neely, Defendants.

Court of Appeals of North Carolina.

October 5, 1999.

Attorney(s) appearing for the Case

Poyner and Spruill, L.L.P., by Anna S. Gorman and Constance L. Young, Charlotte, for plaintiff-appellee.

Hancock and Hundley, by R. Darrell Hancock and George R. Hundley, Salisbury, for defendant-appellants.

LEWIS, Judge.

This case deals with the issue of an attempted reinstatement of a Note and Deed of Trust after both were erroneously canceled by the creditor-mortgagee. This issue is one of first impression in North Carolina.

On 26 April 1985, defendants James and Wylene Neely borrowed $28,500 from the North Carolina Federal Savings and Loan Association, executing a Promissory Note in that amount. This Note was secured by a Deed of Trust on their home at 119...

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