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MERRITT v. RIDGE

No. 12PA88.

372 S.E.2d 559 (1988)

323 N.C. 330

Marion Bascum MERRITT, Frances M. Smith, Henry C. Merritt, Eleanor M. Jordan and Henry C. Merritt 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.

Supreme Court of North Carolina.

October 6, 1988.

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., for defendants-appellants.

MITCHELL, Justice.

The controlling issue in this case is whether the antideficiency statute, N.C.G. S. § 45-21.381, bars the holder of a purchase money promissory note given by a buyer of real property to the seller and secured by a purchase money deed of trust embracing the property from recovering the costs of foreclosure of the deed of trust and sale of the property and related attorneys' fees. We conclude that the statute precludes...

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