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← 182 NCAPP 499 - In re Hudson

In re Hudson’s Empirical Analysis

2007

Citation profile

12
cited by 12 later decisions
1
states following
August 2019
most recently cited

12 state decisions

Relationships

Relies on Lane v. Coe · 38 N.C. App. 90 - In Re the Foreclosure of a Certain Deed of Trust From Watts · In Re Michael Weinman Assoc. Gen. Part. · 62 N.C. App. 515 - Bradshaw v. McElroy · 135 N.C. App. 305 - Espinosa v. Martin

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “the clerk shall consider the evidence of the parties and may consider, in addition to other forms of evidence required or permitted by law, affidavits and certified copies of documents. If the clerk finds the existence of (i) valid debt of which the party seeking to foreclose is the holder , (ii) default, (iii) right to foreclose under the instrument, (iv) notice to those entitled to such under subsection (b), (v) that the underlying mortgage debt is not a home loan as defined in G.S. 45-101(1b), or if the loan is a home loan under G.S. 45-101(1b), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, and (vi) that the sale is not barred by G.S. 45-21.12A, then the clerk shall authorize the mortgagee or trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article.”
    2 later decisions quote this exact passage
  2. “'If the foreclosure action is appealed to the superior court for a de novo hearing, the inquiry before a judge of superior court is also limited to the same issues.'”
    2 later decisions quote this exact passage
  3. “to the judge of the district or superior court having jurisdiction”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.