REAL TIME RESOLUTIONS, INC. v. COLE

No. COA23-464.

902 S.E.2d 269 (2024)

REAL TIME RESOLUTIONS, INC. (RTR), Roger Townsend & Thomas, PC, Plaintiffs/Petitioners, v. Stephen COLE and wife, Donna Cole, Defendants/Respondents.

Court of Appeals of North Carolina.

Filed May 7, 2024.


Attorney(s) appearing for the Case

The Law Office of John T. Benjamin, Jr. P.A., by John T. Benjamin, Jr., Raleigh, and Jordan M. Latta, and McMichael Taylor Gray, LLC, Charlotte, by Brian Campbell, for petitioner-appellant Yakte Properties, LLC.

James, McElroy & Diehl, P.A., Charlotte, by Preston O. Odom, III, and Surane Law Group PLLC, Cornelius, by James W. Surane, for respondents-appellees.


The dispositive question in this appeal is whether the applicable statute of limitations set forth in N.C.G.S. § 1-47(3) bars petitioner's foreclosure action. We conclude that it does. Accordingly, we affirm the trial court's Order denying non-judicial foreclosure of the subject property but remand for correction of clerical errors...

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