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IN RE BRADBURN

No. COA08-1263.

681 S.E.2d 828 (2009)

In the Matter of Foreclosure of a Deed of Trust Executed by Loren L. BRADBURN and Wife, Lorie C. Bradburn Dated January 4, 2007, Recorded at Deed Book 1815, Page 1563.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

Shumaker, Loop & Kendrick, LLP, by William H. Sturges and Frederick M. Thurman, Jr., Charlotte, for Paragon Mortgage Holdings, LLC, and Paragon Mortgage, Inc., petitioner-appellant.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Phillip K. Woods, for The Office of the Commissioner of Banks of North CA, Amicus Curiae.

Legal Aid of North Carolina, Inc., by Celia Pistolis and Suzanne Chester, Raleigh; North Carolina Justice Center, by Charlene McNulty; Land Loss Prevention Project, by Mary Henderson; and Pisgah Legal Services, by William John Whalen, Asheville, Amicus Curiae.

Pope McMillan Kutteh Privette Edwards & Schieck, PA, by Martha N. Peed and Anthony S. Privette, Statesville, for respondents-appellees.

JACKSON, Judge.

Paragon Mortgage Holdings, LLC ("PMH") and Paragon Mortgage, Inc. ("PMI") (collectively "Paragon") appeal the trial court's order declaring as illegal and unenforceable the Deed of Trust upon which they sought to foreclose. For the reasons stated below, we remand.

On or about 22 December 2006, PMI filed an application with the North Carolina Commissioner of Banks ("the COB") to act as a mortgage banker pursuant to section 53-243.05 of the Mortgage...

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