Opinion

Albemarle Realty & Mortgage Co. v. Peoples Bank of Virginia Beach

  • 34 N.C. App. 481
  • 238 S.E.2d 622
  • 1977 N.C. App. LEXIS 1723
Court
Court of Appeals of North Carolina
Filed
Nov 16, 1977
Status
Published
Author
Vaughn
On the bench
Clark, Morris, Vaughn
Cited by
1 cases

The opinion

Judge VAUGHN

concurring.

I agree that it was error to grant plaintiffs’ motion for summary judgment. I also concur in the opinion of the majority that the Hughes affidavit raised a question of fact of whether the notice was posted at the courthouse for thirty days prior to the sale. I do not agree, however, with the majority’s interpretation of G.S. 45-21.17 as it was written prior to the 1975 amendment. In my opinion, defendants are correct in their argument that they complied with the statute when they advertised in the newspaper according to the terms of the deed of trust.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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