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IN RE MENENDEZ

No. COA17-1341.

813 S.E.2d 680 (2018)

IN RE: Foreclosure of Real Property under Deed of Trust from Jason V. MENENDEZ and Ann C. Menendez, in the original amount of $244,980.00, dated May 13, 2016 and recorded on May 13, 2016 in Book R 7813 at Page 1531, Guilford County Registry. Current Owner(s): Jason V. Menendez and wife Ann C. Menendez. Trustee Services of Carolina, LLC, Substitute Trustee.

Court of Appeals of North Carolina.

Filed: May 15, 2018.

Attorney(s) appearing for the Case

Brown, Faucher, Peraldo & Benson, PLLC, Greensboro, by Drew Brown , for Respondent-Appellant Beach Capital Partners, LLC.

Hutchens Law Firm, by Claire L. Collins and Hilton T. Hutchens, Jr. , for Petitioner-Appellee Quicken Loans.

Brock & Scott, PLLC, Charlotte, by Renner St. John , for Petitioner-Appellee Trustee Services of Carolina, LLC.

The Law Offices of Charles Winfree, by R. Robert El-Jaouhari , for Petitioner-Appellees Jason V. Menendez and Ann C. Menendez.

Beach Capital Partners, LLC ("Respondent") appeals the trial court's order denying the appeal of the order to set aside foreclosure sale. Respondent contends its rights were "fixed" at the end of the 10-day upset bid period, and this Court should therefore order the trial court to instruct the clerk of court to confirm...

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