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FIFTH THIRD MORTG. CO. v. MILLER

No. COA09-961.

690 S.E.2d 7 (2010)

FIFTH THIRD MORTGAGE COMPANY, Plaintiff, v. Alan MILLER, Phyllis A. Miller, Branch Banking and Trust Company and Jeff D. Rogers, Substitute Trustee, Defendants.

Court of Appeals of North Carolina.

March 2, 2010.

Attorney(s) appearing for the Case

Koehler & Cordes, PLLC, by David C. Cordes, Charlotte, for plaintiff-appellant.

Horack, Talley, Pharr & Lowndes, P.A., by Robert B. McNeill and Amy P. Hunt, Charlotte, for defendant-appellees.

BRYANT, Judge.

Plaintiff Fifth Third Mortgage Company (Fifth Third) appeals from an order granting summary judgment in favor of defendant Branch Banking and Trust Company (BB & T) which declared that a deed of trust filed by BB & T in the Union County Public Registry had priority over and was superior to any interest created by a deed of trust filed by Fifth Third for the property located at 9911 Strike The Gold Lane, Waxhaw, North Carolina. For the reasons...

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