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BENEFICIAL MORTG. CO. v. HAMIDPOUR

No. COA02-269.

574 S.E.2d 163 (2002)

BENEFICIAL MORTGAGE COMPANY OF NORTH CAROLINA, Plaintiff, v. Nader HAMIDPOUR, Atlantic Mortgage & Investment Corporation, David B. Craig, as Substitute Trustee, Larry E. Taylor, and Rosemary R. Taylor, Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Roberson, Haworth & Reese, P.L.L.C., by Alan B. Powell, Robert A. Brinson, and Christopher C. Finan, High Point, for plaintiff-appellant.

Adams, Kleemeir, Hagan, Hannah & Fouts, by M. Jay DeVaney and Edward P. Lord, Greensboro, for defendant-appellee David B. Craig.

Robert S. Griffith, II, Southport, for defendant-appellee Atlantic Mortgage & Investment Corporation.

HUDSON, Judge.

Beneficial Mortgage Company ("Beneficial") held a deed of trust on a parcel of real property in Rockingham County that was sold at a foreclosure sale. Beneficial did not know of the sale and, therefore, did not bid on the property. Beneficial then sued to quiet title and to collaterally attack the sale. All parties moved for summary judgment. The superior court granted summary judgment in favor of the appellees, and Beneficial now appeals.

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