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HOMEQ v. WATKINS

No. COA02-106.

572 S.E.2d 871 (2002)

HOMEQ d/b/a The Money Store, Plaintiff, v. Danny WATKINS, Jr., Defendant.

Court of Appeals of North Carolina.

December 17, 2002.

Attorney(s) appearing for the Case

Hunton & Williams, by Matthew P. McGuire, Raleigh, for plaintiff-appellant.

Horack, Talley, Pharr & Lowndes, P.A., by Robert B. McNeill, and Johnson & Johnson, P.A., by W.A. Johnson, Charlotte, for defendant-appellee.

CAMPBELL, Judge.

Plaintiff appeals the dismissal of plaintiff's claim for an equitable lien and judicial foreclosure. The court determined plaintiff's complaint failed to state a claim upon which relief may be granted, and therefore dismissed the claim pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) (2001).

The case arises from plaintiff's payment of $121,519.98 satisfying the indebtedness of a first deed of trust that encumbered a piece of real property...

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