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WELLS FARGO BANK, N.A. v. STOCKS

No. 296A19.

861 S.E.2d 516 (2021)

2021-NCSC-90

WELLS FARGO BANK, N.A. v. Frances J. STOCKS, in his capacity as the executor of the estate of Lewis H. Stocks aka Lewis H. Stocks, III, Tia M. Stocks, and Jeremy B. Wilkins, in his capacity as commissioner.

Supreme Court of North Carolina.

Filed August 13, 2021.

Attorney(s) appearing for the Case

The Law Office of John T. Benjamin, Jr., P.A., Raleigh, by John T. Benjamin, Jr. , and Jake R. Garris , for plaintiff-appellant.

Howard, Stallings, From, Atkins, Angell & Davis, P.A., by Douglas D. Noreen , Raleigh, and Rebecca H. Ugolick , for defendant-appellant Frances J. Stocks.

Janvier Law Firm, PLLC, Raleigh, by Kathleen O'Malley , for defendant-appellee Tia M. Stocks.

¶ 1 In this case we determine whether the trial court properly granted summary judgment for plaintiff reforming a deed of trust and allowing foreclosure. We first determine when a cause of action accrues for reformation of a deed of trust based on mutual mistake. Section 1-52(9) of the North Carolina General Statutes provides...

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