IN RE CORNBLUM

No. COA11-534.

727 S.E.2d 338 (2012)

In the Matter of the Foreclosure of the Nine Deeds of Trust of Marshall and Madeline CORNBLUM, Grantors, as Recorded in Book 346, at Page, 582, as Recorded in Book 346, at Page, 565, as Recorded in Book 339, at Page, 117, as Recorded in Book 332, at Page, 904, as Recorded in Book 328, at Page, 133, as Recorded in Book 326, at Page, 962, as Recorded in Book 329, at Page, 851, as Recorded in Book 336, at Page, 646, and as Recorded in Book 362, at Page, 776, of the Swain County Registry. William Richard Boyd, Jr., Substitute Trustee. and In the Matter of the Foreclosure of the Three Deeds of Trust of Longbranch Properties, LLC, Grantors, as Recorded in Book 1667, at Page, 47, as Recorded in Book 1603, at Page 11, and as Recorded in Book 1656, at Page, 50, of the Jackson County Registry. William Richard Boyd, Jr., Substitute Trustee.

Court of Appeals of North Carolina.

April 17, 2012.


Attorney(s) appearing for the Case

Shanahan Law Group, PLLC, Raleigh, by Kieran J. Shanahan , Brandon S. Neuman , and John E. Branch III , for respondents-appellants.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., Asheville, by Esther E. Manheimer & Mark A. Pinkston , for claimants-appellees.


STEELMAN, Judge.

The trial court erred in submitting to arbitration an action commenced pursuant to N.C. Gen.Stat. § 45-21.16. Appellants' argument that the foreclosure sales were void is dismissed as being moot.

I. Factual and Procedural Background

This appeal arises out of twelve consolidated foreclosure actions. The appellants in this case (collectively, "appellants") include Marshall E. Cornblum, Madeline H. Cornblum, and Longbranch...

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