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Home / Courts / N.C. Court of Appeals / Real Property  – Mortgages – Confession of Judgment – Power-of-Sale Foreclosure (access required)

Real Property  – Mortgages – Confession of Judgment – Power-of-Sale Foreclosure (access required)

  When determining whether a mortgagee may foreclose under a power-of-sale clause in an instrument, the court may consider only the factors set out in G.S. § 45-21.16(d) and certain legal defenses. The court had no authority to consider obligors’ request that it construe G.S. § 45-21.36 to prohibit a foreclosure after the obligors gave the ...

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