IN RE: FORECLOSURE by Rogers Townsend & Thomas (2016)

Supreme Court of North Carolina.

IN RE: 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

Decided: December 21, 2016

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.

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 hereby vacate the clerk of court's order and that of the superior court, as well as the opinion of the Court of Appeals.

VACATED.

PER CURIAM.

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