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WILLIAMS v. HOMEQ SERVICING CORP.

No. COA06-674.

646 S.E.2d 381 (2007)

Harry J. WILLIAMS, and Glenda V. Williams, Plaintiffs v. HOMEQ SERVICING CORPORATION f/k/a The Money Store, Defendant.

Court of Appeals of North Carolina.

July 3, 2007.

Attorney(s) appearing for the Case

Clark Bloss & Wall, PLLC by John F. Bloss, Greensboro, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, PLLC, by Christopher T. Graebe, Raleigh, for defendant-appellee.

CALABRIA, Judge.

Harry J. Williams ("Mr. Williams") and Glenda V. Williams ("Mrs. Williams") (collectively "the plaintiffs") appeal from summary judgment entered in favor of defendant, HomEq Servicing Corporation ("HomEq"). We affirm in part and reverse and remand in part.

In 1996, Mr. Williams refinanced his home in Mebane, North Carolina, by executing a promissory note in the amount of $77,600.00 secured by a deed of trust executed by the Williams to lender...

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