Challenging Power of Sale Foreclosures on Equitable Grounds in North Carolina
In a recent opinion issued by the Court of Appeals of North Carolina (In re N.C. (Future Advance) Deed of Tr. By Nicor, LLC, No. COA18-1071 (N.C. Ct. App. Aug. 6, 2019)), the Court considered whether the trial court erred in permitting foreclosures to proceed after the holder of the notes had already obtained a judgment against the obligors for the entire amount of the debt secured by the deeds of trust.