In re Foreclosure by Rogers Townsend & Thomas, PC, 794 S.E.2d 484 (N.C. 2016). · Go Syfert
In re Foreclosure by Rogers Townsend & Thomas, PC, 794 S.E.2d 484 (N.C. 2016). Cases Citing This Book View Copy Cite
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IN THE MATTER OF FORECLOSURE by Rogers Townsend & Thomas, PC, Substitute Trustee, OF A DEED OF TRUST EXECUTED BY JULIA WESKETT BEASLEY dated February 12, 2007 and recorded on February 16, 2007 in Book 1211, Page 169 of the Carteret County Registry, North Carolina
No. 276PA15.
Supreme Court of North Carolina.
Dec 21, 2016.
Published opinion
794 S.E.2d 484
2016 N.C. LEXIS 1162
Nelson Mullins Riley & Scarborough, L.L.P., by Donald R. Pocock and D. Martin Warf, for petitioner-appellee FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings, LLC. , Shipman & Wright, LLP, by Gregory M. Katzman, W. Cory Reiss, and Gary K. Shipman, for respondent-appellant.
Published
PER CURIAM.

Because the trustee effectively withdrew its notice of non-judicial foreclosure hearing, thus terminating the proceeding, there was no pending case on which the clerk of court could act. See In re Foreclosure of Lucks, _ N.C. _, _,_ S.E.2d _, _(Dec. 21, 2016) (No. 162A16). As a result, we h ereby vacate the clerk of court’s order and that of the superior court, as well as the opinion of the Court of Appeals.

VACATED.