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MERRITT v. EDWARDS RIDGE

No. 8715SC408.

362 S.E.2d 610 (1987)

Marion Bascum MERRITT, Frances M. Smith, Henry C. Merritt, Eleanor M. Jordon and Henry C. Smith in his capacity as Guardian for William P. Merritt v. EDWARDS RIDGE, A General Partnership, John W. Coffey, Philip E. Walker and Pamela A. McCullough, Individually and as Partners.

Court of Appeals of North Carolina.

December 15, 1987.

Attorney(s) appearing for the Case

Bayliss, Hudson & Merritt by Ronald W. Merritt, Chapel Hill, for plaintiffs-appellees.

Northen, Blue, Little, Rooks, Thibaut & Anderson by J. William Blue, Jr., Chapel Hill, for defendants-appellants.

WELLS, Judge.

The principal question presented is whether North Carolina's Anti-Deficiency Judgment statute, N.C.Gen.Stat. § 45-21.38, bars a purchase-money mortgagee from recovering from a defaulting purchase-money mortgagor attorney's fees and the expenses of foreclosure, including the trustee's commission, where such recovery was expressly provided for in the promissory notes executed by the parties. Plaintiffs contend that this question was

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