LIFESTORE BANK v. MINGO TRIBAL TRUST

No. COA14-46.

763 S.E.2d 6 (2014)

LIFESTORE BANK, f/k/a AF Bank, Plaintiff, v. MINGO TRIBAL PRESERVATION TRUST Dated January 4, 1993; Pitchfork Basin, LLC, f/k/a EAC Rev No.6, LLC; Tuscarora Ranch, LLC and Allen C. Moseley, Substitute Trustee, Defendants.

Court of Appeals of North Carolina.

August 19, 2014.


Attorney(s) appearing for the Case

Di Santi Watson Capua Wilson & Garrett, Boone, by Chelsea Bell Garrett , for plaintiff-appellant.

Hamilton Stephens Steele & Martin, PLLC, Charlotte, by Keith J. Merritt , for defendant-appellants.


BRYANT, Judge.

A creditor can seek to enforce payment of a promissory note by pursuing foreclosure by power of sale, judicial foreclosure, or by filing for a money judgment, or all three options, until the debt has been satisfied. The "two dismissal rule" of Rule 41 does not bar a creditor from bringing an action for judicial foreclosure or for money judgment where the creditor has filed and then taken voluntary dismissals...

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