Real Property – Anti-Deficiency Statute – Civil Practice – Appeals – Summary Judgment & Motion to Amend

Real Property – Anti-Deficiency Statute – Civil Practice – Appeals – Summary Judgment & Motion to Amend (access required)

Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, LLC Even though defendant failed to raise the anti-deficiency statute at the summary judgment stage and cited the wrong subsection of N.C. R. Civ. P. 59 in its motion to amend judgment, the trial court should have taken notice of the anti-deficiency statute, which cannot be waived, and denied plaintiff a deficiency judgment.

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