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WELLS FARGO BANK, N.A. v. CORNEAL

No. COA14-660.

767 S.E.2d 374 (2014)

WELLS FARGO BANK, N.A., successor by merger with Wachovia Bank, National Association, Plaintiff, v. John M. CORNEAL; and wife, Jorene S. Proper, and Substitute Trustee Services, Inc., Substitute Trustee, Defendants.

Court of Appeals of North Carolina.

December 16, 2014.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, Raleigh, by Jesse A. Schaefer , for plaintiff-appellee.

David R. Dixon , Avon, for defendants-appellants.

John M. Corneal and his wife, Jorene S. Proper, ("defendants") appeal from the trial court's order granting a motion to dismiss their counterclaims. Finding no error, we affirm the trial court's order.

I. Background

On or about 5 December 2008, defendants and Wachovia Bank, National Association executed a note, in...

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