{
  "id": 12422662,
  "name": "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",
  "name_abbreviation": "In re Foreclosure by Rogers Townsend & Thomas, PC",
  "decision_date": "2016-12-21",
  "docket_number": "No. 276PA15",
  "first_page": "221",
  "last_page": "221",
  "citations": [
    {
      "type": "official",
      "cite": "369 N.C. 221"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "773 S.E.2d 101",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "case_ids": [
        12643058
      ],
      "year": 2015,
      "opinion_index": -1,
      "case_paths": [
        "/se2d/773/0101-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 150,
    "char_count": 1665,
    "ocr_confidence": 0.722,
    "sha256": "3e5032640f4d3fbb770888df7a500f5081c14d318ccaeead7e3e90e5af6f9f3d",
    "simhash": "1:2c981eeae31b75ca",
    "word_count": 267
  },
  "last_updated": "2023-07-14T22:48:28.411797+00:00",
  "provenance": {
    "date_added": "2018-10-24",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "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"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nBecause 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\u2019s order and that of the superior court, as well as the opinion of the Court of Appeals.\nVACATED.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "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."
    ],
    "corrections": "",
    "head_matter": "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\nNo. 276PA15\nFiled 21 December 2016\nMortgages\u2014non-judicial foreclosure hearing\u2014trustee\u2019s withdrawal of notice\nThe order of the superior court clerk of court, the order of the superior court, and the opinion of the Court of Appeals in a foreclosure case all were vacated where the trustee effectively withdrew its notice of non-judicial foreclosure hearing, thus terminating the hearing.\nOn discretionary review pursuant to N.C.G.S. \u00a7 7A-31 of a unanimous decision of the Court of Appeals,_N.C. App._, 773 S.E.2d 101 (2015), reversing an order entered on 25 September 2013 by Judge Phyllis M. Gorham in Superior Court, Carteret County. Heard in the Supreme Court on 11 October 2016.\nNelson 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.\nShipman & Wright, LLP, by Gregory M. Katzman, W. Cory Reiss, and Gary K. Shipman, for respondent-appellant."
  },
  "file_name": "0221-01",
  "first_page_order": 297,
  "last_page_order": 297
}