After defendants defaulted on their promissory note and guaranty, the plaintiff-lender foreclosed on the property securing the promissory note; however, the foreclosure was not completed because a prior deed of trust was foreclosed on. The defendant-guarantor argues the instant action is time-barred under G.S. § 1-54(6) (“Within one year an action or proceeding . . .
For more than 30 years, ever since reading an article in Powder Magazine about the region, I’ve wanted to hit the fabled “Powder Highway” of southeastern
Defendant had filed motions to dismiss for failure to state a claim and for lack of personal jurisdiction, but defendant calendared a hearing only on its motion to dismiss for failure to state a claim. At the hearing, when the trial court inquired about personal jurisdiction, plaintiff’s counsel objected, informing the court that jurisdictional discovery .