Arbitration – Real Property – Mortgages – Foreclosure – Power of Sale

Arbitration – Real Property – Mortgages – Foreclosure – Power of Sale (access required)

In re Foreclosure by Carter Even though the parties’ note and deed of trust included arbitration provisions, when the substitute trustee commenced foreclosure proceedings under the deed of trust’s power of sale, both the clerk of court’s and the superior court’s scope of review was limited to issues related to the six findings required by G.S. § 45-21.16. Respondents’ argument concerning their right to arbitration was not pertinent to the six required findings; consequently, the superior court properly refused to rule on respondents’ motion to stay the foreclosure proceedings and compel arbitration.

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