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Home / Courts / N.C. Supreme Court / Real Property — Mortgages – Statute of Limitations – Reformation – Discovery (access required)

Real Property — Mortgages – Statute of Limitations – Reformation – Discovery (access required)

When determining which of two statutes of limitations applies, a court must consider not only which statute is more specific, but also the purpose of the cause of action. Although this action involves a sealed instrument, the purpose of the action is to reform the instrument because of fraud or mistake. Therefore, the three-year statute ...

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