Court of Appeals of North Carolina August 18, 2009, COA08-1146 (Mosler Ex Rel. Simon v. DRUID HILLS)

STROUD, Judge.

This case presents the sole question of whether a mortgagor can raise the equitable defense of merger to prevent foreclosure in an action for foreclosure under power of sale pursuant to N.C. Gen. Stat. § 45-21.16 when the existence of all the conditions required under the statute is undisputed. Because we conclude that he cannot, we affirm.

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I.