ESPINOSA v. MARTIN

No. COA98-1491.

520 S.E.2d 108 (1999)

In re the Foreclosure of a Deed of Trust of Jamie ESPINOSA and Wife, Cheri Espinosa v. Hayes MARTIN, Trustee and Robert Tucker, Substitute Trustee.

Court of Appeals of North Carolina.

October 19, 1999.


Attorney(s) appearing for the Case

John R. Sutton, Candler, for Blue Ridge Savings Bank, Inc., petitioner appellant.

Hunter, Large & Sherrill, P.L.L.C., by Raymond D. Large, Jr. and Diane E. Sherrill, Sylva, for Jamie Espinosa and wife, Cheri Espinosa, respondent appellees.


HORTON, Judge.

An action for foreclosure under power of sale provides an alternative to "costly and ... time-consuming ... foreclosure[s] by action...." In re Watts, 38 N.C. App. 90, 94, 247 S.E.2d 427, 429 (1978). At the initial hearing before the clerk of superior court, the clerk is to "find the existence of a `(i) valid debt of which the...

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