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IN RE BASS

No. COA11-565.

720 S.E.2d 18 (2011)

In the Matter of the foreclosure of a Deed of Trust executed by Tonya R. BASS in the original amount of $139,988.00 dated October 12, 2005, recorded in Book 4982, Page 86, Durham County Registry, Substitute Trustee Services, Inc., as Substitute Trustee.

Court of Appeals of North Carolina.

December 6, 2011.

Attorney(s) appearing for the Case

K & L Gates, LLP, by A. Lee Hogewood, III and Brian C. Fork , Raleigh, for Petitioner-appellant.

Legal Aid of North Carolina, Inc., by E. Maccene Brown , Gregory E. Pawlowski , John Christopher Lloyd , and Andre C. Brown , Raleigh, for Respondent-appellee.

HUNTER, JR., ROBERT N., Judge.

U.S. Bank, National Association, as Trustee, c/o Wells Fargo Bank, N.A. ("Petitioner") appeals the trial court's order dismissing foreclosure proceedings against Respondent Tonya R. Bass. Petitioner assigns error to the trial court's determination that Petitioner is not the legal holder of a promissory note executed by Respondent and therefore lacks authorization to foreclose on Respondent's property securing the note under a deed of...

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