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REO PROPERTIES CORP. v. SMITH

No. COA12-860.

743 S.E.2d 230 (2013)

REO PROPERTIES CORPORATION, Grady I. Ingle and Elizabeth B. Ells, solely in their capacities as Substitute Trustees under certain Deed of Trust recorded in Book 1370 at Page 1522 of the Davidson County Register of Deeds, Plaintiffs v. Rondal Ralph SMITH, wife, Robin M. Smith a/k/a Robin R. Smith; High Point Regional Health System f/k/a High Point Regional Hospital Defendants; and Alan C. Burton and wife, Julie Berrier Burton, Intervening Defendants, Defendants.

Court of Appeals of North Carolina.

May 21, 2013.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, PLLC, High Point, by Alan B. Powell and Christopher C. Finan , for plaintiff-appellants.

No briefs were filed for defendants Rondal Ralph Smith , Robin M. Smith a/k/a Robin R. Smith , or High Point Regional Health System.

Wyatt Early Harris Wheeler LLP, High Point, by William E. Wheeler , for intervening defendant-appellees.

CALABRIA, Judge.

Servertis REO Pass-Through Trust I ("SRT"), REO Properties Corporation ("REO"), Grady I. Ingle and Elizabeth B. Ells, solely in their capacities as Substitute Trustees, (collectively "plaintiffs") appeal from an order granting intervening defendants Alan C. Burton and Julie Berrier Burton's ("the Burtons") motion for summary judgment and dismissing the action. We reverse and remand.

I. Background

On 5 August 1986, Rondal Ralph...

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