IN RE WEBB

No. COA 13-324.

751 S.E.2d 636 (2013)

In the Matter of the Foreclosure of a Deed of Trust Executed by Burl WEBB, Jr. and Leigh B. Webb Dated January 6, 2006 and Recorded in Book 19879 at Page 177 in the Mecklenburg County Public Registry, North Carolina.

Court of Appeals of North Carolina.

December 3, 2013.


Attorney(s) appearing for the Case

The Law Office of John T. Benjamin, Jr., P.A., Raleigh, by John T. Benjamin, Jr. , and Taylor T. Haywood , for Petitioner.

The Law Office of James W. Surane , PLLC, by James W. Surane , Cornelius, for Respondents.

Shapiro and Ingle, LLP, Charlotte, by Jeffrey A. Bunda , for the Substitute Trustee.


DILLON, Judge.

Because the trial court erroneously found that U.S. Bank ("Petitioner") was not a party to the action and improperly ordered the case dismissed without prejudice, we reverse the order and remand the case to the trial court, holding that U.S. Bank is a real party in interest to this action.

I: Facts and Procedural History

On 6 January 2006, Burl Webb, Jr., ("Borrower") executed a promissory note ("the Note") in the amount of $400,000...

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