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Tag Archives: deficiency

Deficiency judgment nets $500K

An investment fund has won a $526,837 deficiency judgment verdict against the former owners of an office building in Wrightsville Beach, the attorneys for the fund report. The building was foreclosed upon after the real estate bubble burst, and the ...

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Civil Practice – Service of Process – Contract – Guaranty – Real Property – Mortgages – Foreclosure – Deficiency Action – Actual Notice

HomeTrust Bank v. Tsiros (Lawyers Weekly No. 14-16-0824, 15 pp.) (Douglas McCullough, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Unpub. Holding: The plaintiff-bank failed to properly serve defendant-guarantor George Tsiros personally with notice of the ...

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Real Property – Foreclosure – Civil Practice – Summary Judgment – Commercial Property – Deficiency Judgment – Amount

Greer State Bank v. Evans Where defendant’s answer admitted that the plaintiff-bank sought a deficiency judgment in the amount calculated by the bank at $198,566.56, but where the answer otherwise denied the allegations of the bank’s complaint, there is a genuine issue of material fact as to the amount due on defendant’s debt.

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

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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