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IN RE YOPP

No. COA11-753.

720 S.E.2d 769 (2011)

In re Foreclosure of Deed of Trust from James L. YOPP III and wife, Tina M. Yopp to Vicki L. Parry dated 12/21/2007, and recorded 12/28/2007, in Book 5264, on Page 140, by Frances S. White, Substitute Trustee.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

Guthrie, Davis, Henderson & Staton, P.L.L.C., Charlotte, by John H. Hasty and Justin N. Davis , for petitioner-appellee Capital One, N.A.

Shanklin & Nichols, LLP, Wilmington, by Kenneth A. Shanklin , for respondent-appellants.

STROUD, Judge.

James L. Yopp, III and Tina M. Yopp ("respondents") appeal from an order authorizing Frances S. White, as substitute trustee, to proceed with a foreclosure sale of certain real property as permitted by the deed of trust. For the following reasons, we affirm the trial court's order.

I. Background

On 20 January 2010, Capital One, N.A., ("petitioner") caused Frances S. White, substitute trustee, to file a "Notice of Hearing" with the...

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