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BANK OF NEW YORK MELLON v. WITHERS

No. COA14-1111.

771 S.E.2d 762 (2015)

The BANK OF NEW YORK MELLON f/k/a the Bank of New York as Successor to JP Morgan Chase Bank National Association as Trustee for the Benefit of the Certificate of Holders of Equity One Abs, Inc. Mortgage Pass through Certificates Series 2003-2, Plaintiff, v. June WITHERS, Charles L. Steel, IV, Solely in His Capacity as Guardian of the Estate of June Withers, Rhonda Withers, Margaret Young, Robert Young, Shelia Smith, Faye Kearney, Robert Kearney, North Carolina Department of Revenue, Branch Banking and Trust Company and HSBC Mortgage Services, Inc., Defendants.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Ragsdale Liggett, Raleigh, by Dorothy Bass Burch and Ashley H. Campbell , for The Bank of New York Mellon, plaintiff-appellee.

Berman & Associates, Durham, by Gary K. Berman , for Margaret Young, Shelia Smith, and Faye Kearney, defendant-appellants.

In 2002, June ("June") Withers was the sole owner of the property located at 121 West Cornwallis Road in Durham, NC (the "property"). At the time, June and her daughter, Rhonda ("Rhonda") Withers, sought a home loan from Popular Financial Services ("PFS") to refinance the prior deed of trust on the property from Accredited Home...

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