Real Property – Reformation Action – Mortgages – Civil Practice – Third-Party Action – Appeals

The plaintiff-trustee filed this action merely to reform a deed of trust so as to properly describe the property securing a loan to the defendant-borrower. Defendant appeals from an order denying (without prejudice) his motion to add third-party claims against Wells Fargo—which did not originate the loan, does not own it now, but did own it at one time. The order appealed from is an interlocutory order, and defendant has not shown that the order deprives him of a substantial right which would be jeopardized absent immediate appellate review.

Appeal dismissed.

Joining Wells Fargo to the present litigation offers no resolution to the alleged dispute between defendant and the original drafters of the deed of trust. The trial court’s order is expressly without prejudice to any of defendant’s claims against Wells Fargo. Further, at the time of the appealed order, defendant allegedly has separate actions pending against Wells Fargo in federal court.

U.S. Bank Trust v. Rogers (Lawyers Weekly No. 012-086-21, 8 pp.) (John Tyson, J.) Appealed from Caldwell County Superior Court (Robert Erwin, J.) No brief for plaintiff; Raleigh Rogers, pro se. 2021-NCCOA-133