Matter of Foreclosure of Trust by Goforth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• including “subject to” in a list of language commonly used to make an event a condition
• \A condition precedent is an event which must occur before a contractual right arises[.]\ (citation omitted)
• “ ‘Historically, foreclosure pursuant to a power of sale in a deed of trust ha[s] been a private contract remedy.’ ” (citations omitted)
• \Equitable defenses to foreclosure ... may not be raised in a hearing pursuant to [N.C.G.S.] § 45-21.16 or on appeal therefrom[.]\
• “non-occurrence of a condition prevents the promisee from acquiring a right, or deprives him of one.” (citation and quotation marks omitted)
• “A condition precedent is an event which must occur before a contractual right arises, such as the right to immediate performance.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).