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    Borrower’s opinion of value deprives lender of summary judgment in deficiency action in North Carolina
    2015-08-31

    Following a foreclosure sale the general rule is that the amount of the debt is reduced by the net proceeds realized from the sale, setting the deficiency amount the foreclosing creditor may seek to recover.  N.C.G.S. § 45-21.31(a)(4).  However, when the foreclosing creditor is the successful high bidder at the foreclosure sale this general rule is abrogated by N.C.G.S.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Real Estate, Hutchens Law Firm, Foreclosure
    Authors:
    Graham H. Kidner
    Location:
    USA
    Firm:
    Hutchens Law Firm
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