IN RE AZALEA GARDEN BD. AND CARE, INC.

No. COA99-463.

535 S.E.2d 388 (2000)

In the Matter of FORECLOSURE UNDER THAT DEED OF TRUST EXECUTED BY AZALEA GARDEN BOARD AND CARE, INC., Dated December 28, 1989 and Recorded at Book 1683 Page 740, Forsyth County Registry. See Appointment of Substitute Trustee Recorded in Book 2003 Page 2351, Forsyth County Registry.

Court of Appeals of North Carolina.

September 19, 2000.


Attorney(s) appearing for the Case

Northen Blue, L.L.P., by J. William Blue, Jr., Chapel Hill, for petitioner-appellant.

Tuggle Duggins & Meschan, P.A., by Robert C. Cone, Greensboro, for respondent-appellee.


McGEE, Judge.

The issue on appeal is whether the trial court erred in finding that Azalea Garden Board and Care, Inc. (Azalea) did not default under its deed of trust assigned to WRH Mortgage, Inc. (WRH), and therefore WRH could not foreclose on the deed of trust. Azalea is a North Carolina corporation that owns and operates Brookside Gardens, a rest home in Winston-Salem, North Carolina. Azalea executed a promissory note on 28 December 1989 to First Union Mortgage...

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