MATTER OF FULLER

No. 8828SC1111.

380 S.E.2d 120 (1989)

In the Matter of the Foreclosure of a Deed of Trust Executed by R. Bruce FULLER and wife, Diane B. Fuller, Grantor.

Court of Appeals of North Carolina.

June 6, 1989.


Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger, P.A. by Martin K. Reidinger and Lori M. Glenn, Asheville, for petitioner-appellees.

Leonard, Biggers & Knight, P.A. by T. Bentley Leonard, Asheville, for respondent-appellants.


LEWIS, Judge.

Respondents' sole assignment of error is the court's allowing foreclosure on Tract III as described in the Deed of Trust in contravention of the anti-deficiency statute, G.S. 45-21.38. They argue that the language of the statute limits petitioners to foreclosure on the land actually sold by them to respondents. We do not agree.

At the outset we hold that G.S. Section 45-21.38 is not applicable. It states:

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