Since the early 1700s, defaulting borrowers have lost property to foreclosures by power of sale. Traditionally, North Carolina courts have understood the Rules of Civil Procedure to apply to foreclosures by power of sale. The issue of whether subsequent defaults on the same debt were barred by the doctrine of claim preclusion and the two-dismissal rule often occurred. In re Lucks, a 2016 case from the North Carolina Supreme Court, held that the Rules and doctrines do not apply to foreclosures by power of sale. This decision failed to settle the confusion around the application of the Rules to foreclosures by power of sale, and in fact caused much more confusion. This Comment addresses the problems with the decision, as well as their implications, and suggests that the legislature must step in to resolve the issue promulgated by Lucks.
Madison Vance, Out of Luck: The Effect of the North Carolina Supreme Court's Decision in In Re Lucks and its Impact on the Law of Foreclosures, 41 Campbell L. Rev. 253 (2019).