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MATTER OF FRUCELLA

No. COA18-212.

821 S.E.2d 249 (2018)

In the MATTER OF the Foreclosure of a Deed of Trust Executed by David L. FRUCELLA and Marilyn L. Frucella Dated June 28, 1985 and Recorded in Book 5044 at Page 764 in the Mecklenburg County Public Registry, North Carolina.

Court of Appeals of North Carolina.

Filed: October 2, 2018.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough, L.L.P., by Donald R. Pocock , Winston-Salem, for petitioner-appellee.

Thurman, Wilson, Boutwell & Galvin, P.A., by James P. Galvin , for respondents-appellants.

David and Marilyn Frucella ("Respondents") appeal from a trial court's order allowing CitiMortgage, Inc. to foreclose on their home under the power of sale provision in their deed of trust, arguing that CitiMortgage was not the holder of the Note, which was lost. We find that CitiMortgage satisfied the statutory provisions for enforcement...

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