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IN RE HALL

No. COA10-1002.

708 S.E.2d 174 (2011)

In the Matter of the Foreclosure of a Deed of Trust from Eloise HALL to Sidney P. Jessup, Trustee, Dated October 2, 2007 and Recorded in Book 1745, Page 243, Dare County Public Registry; See Substitution of Trustee Recorded in Book 1812, Page 300.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

Oliver & Friesen, PLLC, New Bern, by Jonathan E. Friesen , for Eloise Hall respondent appellant.

Hornthal, Riley, Ellis & Maland, LLP, Elizabeth City, by L. Phillip Hornthal, III , for Bank of Currituck petitioner appellee.

McCULLOUGH, Judge.

Eloise Hall ("respondent-appellant") appeals from an order entered by the trial court authorizing a substitute trustee to proceed with foreclosure on her property pursuant to the terms of a deed of trust held by the Bank of Currituck. We reverse.

I. Background

On 19 April 2007, Matthew Hall, President of Outer Banks Construction Co., Inc. ("OBC"), executed a promissory note in favor of the Bank of Currituck (the "Bank")...

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