MATTER OF LUCKS

No. 162A16.

794 S.E.2d 501 (2016)

In the MATTER OF Foreclosure of a Deed of Trust Executed By Gordon F. LUCKS Dated July 14, 2006 and recorded in Book 4254, Page 96 in the Buncombe County Public Registry.

Supreme Court of North Carolina.

Filed December 21, 2016.


Attorney(s) appearing for the Case

Troutman Sanders LLP, Raleigh, by D. Kyle Deak , for petitioner-appellee Deutsche Bank National Trust Company, Trustee.

Ferguson, Hayes, Hawkins & DeMay, PLLC, Concord, by James R. DeMay , for respondent-appellant.


The contractual right of foreclosure by power of sale under a deed of trust is a non-judicial proceeding. In the comprehensive statutory framework governing nonjudicial foreclosure by power of sale set forth in Chapter 45 of our General Statutes, the General Assembly has prescribed certain minimal judicial procedures, including requiring...

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