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IN RE $375,757.47

No. COA14-1239.

771 S.E.2d 800 (2015)

In re Dispute Over the Sum of $375,757.47, Constituting the Surplus Closing Proceeds from the Sale of that Certain Real Property as Described in a Deed Recorded in Deed Book 712, at Page 570, Rutherford County, North Carolina, Public Registry.

Court of Appeals of North Carolina.

April 21, 2015.

Attorney(s) appearing for the Case

Hutchens Law Firm, Fayetteville, by J. Scott Flowers and Natasha M. Barone , for respondent-third party plaintiff, HSBC Bank, U.S.A, N.A.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by Joseph A. Ponzi , for third party defendant, Mountain 1st Bank & Trust Company.

Ferikes & Bleynat, PLLC, Asheville, by H. Gregory Johnson , for respondent-third party defendants Raymond and Judy Chapman.

Raymond and Judy Chapman ("the Chapmans") appeal from the trial court's order granting summary judgment in favor of HSBC Bank USA, N.A. ("HSBC"), and awarding attorneys' fees in favor of HSBC. We affirm the trial court's order.

I. Background

In 1998, the Chapmans purchased property located at 304 Seton Road...

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