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MATTER OF DEED OF TRUST BY GODWIN

No. COA 94-1164.

468 S.E.2d 811 (1996)

121 N.C. App. 703

In the Matter of the FORECLOSURE OF a DEED OF TRUST EXECUTED BY Ellis R. GODWIN, Unmarried, and Nettie L. Godwin, Widow, Dated July 23, 1993, Recorded in Book 4097, Page 1748, Guilford County Registry to Joseph G. Maddrey, Trustee.

Court of Appeals of North Carolina.

March 5, 1996.

Attorney(s) appearing for the Case

Turner Enochs & Lloyd, P.A. by William J. O'Malley, Greensboro, for respondent-appellant Delano Godwin, acting individually and on behalf of the Estate of Ellis R. Godwin.

Joseph L. Anderson, Kernersville, for appellee Isometrics, Inc. (Brief was filed by Smith Helms Mulliss & Moore, L.L.P. by Gregory G. Holland, Greensboro, who was allowed to withdraw as counsel of record by order of this Court dated 3 January 1996).

LEWIS, Judge.

At issue in this appeal is whether a superior court judge, in a pre-foreclosure hearing under N.C.Gen.Stat. section 45-21.16, must hear evidence concerning the competency of a mortgagor to execute a deed of trust.

On 23 July 1993 Ellis R. Godwin, unmarried, and his mother, Nettie Godwin, widow, executed a note and deed of trust recorded in Book 4097, Page 1748, Guilford County Registry. Both Ellis and Nettie Godwin died soon afterward. On 10...

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