Tag: moot

N.C. Court of Appeals: In re Bober- Finality of Foreclosure Sale

Summary:

The Bobers sought to raise issues with the validity of the notarization of a Deed of Trust against property owned as tenants by the entireties on the basis that Mr. Bober had signed it for himself and under a Power of Attorney for his wife, but the notary did not expressly indicate that he was appearing in that capacity for Mrs. Bober.

The Court of Appeals did not need to reach this rather dubious argument, as the foreclosure sale had completed prior to the commencement of this action, precluding collateral attack and mooting the issue as the rights of the parties were now fixed.… Read More

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N.C. Court of Appeals: In re Wilson- Failure to Enjoin Foreclosure Pending Appeal

Summary:

The pro se Debtor attacked a foreclosure on several fronts, first appealing the Clerk of Court authorization of the foreclosure to the Superior Court and then to the Court of Appeals.  The Debtor did not file a motion to stay the foreclosure pending the appeal and the property was sold at auction.

The Court of Appeals held that the foreclosure auction mooted the subsequent appeal, leaving nothing to be heard.

For a copy of the opinion, please see:

Wilson- Failure to Enjoin Foreclosure Pending Appeal.pdf Read More

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