Arbitration – Real Property – Mortgages – Foreclosure – Power of SaleIn 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.
You have clicked on a link to
information that is
Already a paid subscriber but not registered for online access yet? For instructions on how to get premium web access, click here.
Interested in Subscribing?
Start by choosing how you'd like your news delivered.
- Print and Digital -
Try North Carolina Lawyers Weekly for a month
Published: March 7, 2012
Time posted: 12:15 pm
Tags: Arbitration, foreclosure, mortgages, power of sale, Real Property