establish 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(lb), . . . and (vi) that the sale is not barred by G.S. 45-21.12A. In regards to subsection (vi), N.C. Gen. Stat. § 45-21.12A (2009) prohibits a mortgagee or trustee exercising a power of sale during or within 90 days after a mortgagor’s period of military service. If the party seeking foreclosure establishes all six necessary findings, the clerk is authorized to enter an order allowing the trustee or mortgagee to proceed with the foreclosure sale. N. 93, 297, 681 S.E.2d 456, 459 (2009) (<HOLDING>); In re Watts, 38 N.C. App. 90, 95, 247 S.E.2d
holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second holding that the trial court did not err in its refusal to consider the borrowers defense of merger on appeal since the defense was outside the subject matter jurisdiction of the trial court holding that the trial court did not err in refusing to consider debtors claim of rescission as an equitable defense to the foreclosure action where that defense was not raised before the clerk holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction holding that trial court did not err