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IN RE SCHIPHOF

No. COA08-159.

666 S.E.2d 497 (2008)

In re Linda S. SCHIPHOF, Widowed Foreclosure of Deed of Trust Dated November 29, 2000, Recorded in Book 0442, at Page 1914, In the Stokes County Registry by Brock & Scott, PLLC, Substitute Trustee. Branch Banking and Trust Company f/k/a First Financial Savings and Loan Association, Inc., Petitioner, v. Linda S. Schiphof, Christina Schiphof Turner (Now Prine), Citibank South Dakota, N.A. and Washington Mutual Bank, successor by merger with Providian National Bank, Respondents.

Court of Appeals of North Carolina.

September 16, 2008.

Attorney(s) appearing for the Case

Alan B. Powell and Christopher C. Finan, High Point, for petitioner-appellant.

J. Tyrone Browder, King, for respondent-appellees Linda S. Schiphof and Christinia Schiphof Turner.

No brief filed for respondents Citibank South Dakota, N.A. or Washington Mutual Bank.

TYSON, Judge.

Branch Banking and Trust Company f/k/a First Financial Savings and Loan Association, Inc. ("BB & T") appeals from judgment entered, which ordered surplus foreclosure proceeds to be distributed to Linda S. Schiphof's ("Schiphof") judgment lien creditors and to Christina Schiphof Turner ("Turner"). We affirm.

I. Background

On 23 February 2007, BB & T filed a Petition for Surplus Proceeds of Foreclosure Sale and alleged...

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