In Re: Foreclosure of Real Property Under Deed of Trust from Eli Brown and Velvet Brown, in the original amount of $ 143,600 .00, dated October 18, 1999 , and recorded in Book 2724, Page 568, Durham County Registry Current Owner(s): Eli Brown and Velvet Brown Lawrence S. Maitin, Substitute Trustee, 156 N.C. App. 477

Summary

The debtors' sole defense to the foreclosure action was that service of the notice of hearing was inadequate. The appellate court held that the trial court properly allowed the loan servicer to rebut this claim by calling the trustee as a witness and inquiring as to his efforts to serve the debtors, since the trustee had a statutory duty to effect valid service of process and his status as a "disinterested third party" in the deed of trust relationship was not adversely affected. Unserved affidavits, identical to earlier affidavits admitted at an earlier hearing, and which contained no new assertions, were properly admitted in evidence. The need for expeditious procedure in foreclosure actions outweighed any concerns about the efficacy of allowing the loan servicer's employee, who lived out of state, to testify by affidavit, and the trial court properly admitted her affidavit. The loan servicer's efforts to serve the debtors before posting the property by mailing notice to the address ...