IN RE GARVEY

No. COA14-570.

772 S.E.2d 747 (2015)

In the Matter of the Foreclosure of a Deed of Trust executed by Michael James GARVEY and Jane Holzer Godbrey a/k/a Emily J. Holzer a/k/a Jane Holzer and Jacqueline Holzer dated March 9, 2004, and recorded on April 14, 2004, in Book 311 at Page 347, Ashe County Registry; Substitute Trustee Services, Inc., Substitute Trustee.

Court of Appeals of North Carolina.

June 2, 2015.


Attorney(s) appearing for the Case

Hutchens, Senter, Kellam & Pettit, P.A., by Lacey M. Moore , Charlotte, for petitioner-appellee.

Katherine S. Parker-Lowe , Ocracoke, for respondent-appellant.


Respondent Michael J. Garvey appeals from an order allowing petitioner, Substitute Trustee Services, Inc., to proceed with foreclosure on certain real property that Mr. Garvey owned. On appeal, Mr. Garvey primarily argues that the superior court failed to conduct a de novo hearing as required by N.C. Gen.Stat. § 45-21.16(d1) (2013...

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