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Home / Courts / N.C. Court of Appeals / Real Property – Mortgages – Foreclosure – Lost Note – Holder in Due Course (access required)

Real Property – Mortgages – Foreclosure – Lost Note – Holder in Due Course (access required)

Numerous affidavits from CitiMortgage support the trial court’s finding of fact 12: “After the [debtors’] Note and Deed of Trust were transferred to CitiMortgage, the original Note was lost. CitiMortgage offered testimony by affidavit that 1) CitiMortgage was in possession at the time the original Note was lost or destroyed; 2) after a good faith, ...

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