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IN RE: THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RAYMOND CARPENTER AND RACHEL CARPENTER IN THE ORIGINAL AMOUNT OF $395,100.00 DATED MARCH 31, 2005 RECORDED IN BOOK 11298 AT PAGE 02021 IN THE WAKE COUNTY REGISTRY, NORTH CAROLINA SUBSTITUTE TRUSTEE: SUBSTITUTE TRUSTEE SERVICES, INC.
Respondent Raymond Carpenter appeals the Superior Court, Wake County's order affirming the Clerk of Court's denial of his motion to Dismiss the Foreclosure Sale entered 25 September 2023. This order was set aside by a later Order Reactivating, Setting Aside Foreclosure Sale, and Allowing a New Foreclosure Sale on 1 July 2024. Respondent sought a petition for Writ of Supersedeas with this Court that was denied and filed on 16 August 2024. Respondent's appeal is limited to review of the order entered 25 September 2023 that was set aside and is now moot. See N.C.R. App. P. 3(d) (“The notice of appeal ․ shall specify the party or parties taking the appeal; shall designate the judgment or order from which appeal is taken and the court to which appeal is taken[.]”); Venters v. Lanier, 288 N.C. App. 483, 486 (2023) (“A party must comply with the requirements of Rule 3 to confer jurisdiction on an appellate court.”).
Respondent did not appeal the underlying foreclosure order entered on 11 December 2013 and the time for that appeal has expired. On 9 September 2024, a foreclosure sale took place on the subject property. Accordingly, because the issues raised are moot, and there being nothing further to discuss within our conferred jurisdiction pursuant to Rule 3, we dismiss respondent's appeal.
DISMISSED.
Report per Rule 30(e).
PER CURIAM.
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Docket No: No. COA24-687
Decided: September 17, 2025
Court: Court of Appeals of North Carolina.
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