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HIGH POINT BANK v. HIGHMARK PROPERTIES

No. 8PA14.

776 S.E.2d 838 (2015)

HIGH POINT BANK AND TRUST COMPANY v. HIGHMARK PROPERTIES, LLC, Mitchell Blevins, Cynthia Blevins, Charles Williams, and Janice Williams.

Supreme Court of North Carolina.

September 25, 2015.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, P.L.L.C., High Point, by Alan B. Powell , Christopher C. Finan , and Matthew A.L. Anderson , for plaintiff-appellant/appellee.

Jenkins Law Group PLLC, by Ellis B. Drew, III , and Ann G. Sugg , Winston-Salem, for defendant-appellees/appellants.

Goldsmith, Goldsmith & Dews, P.A., Marion, by Frank Goldsmith ; and Martin & Jones, PLLC, Raleigh, by G. Christopher Olson , for North Carolina Advocates for Justice, amicus curiae.

In this case we consider whether non-mortgagor guarantors of a loan may raise the anti-deficiency defense set forth in section 45-21.36 of the North Carolina General Statutes in order to reduce their outstanding indebtedness to the primary borrower's lender. In addition, we consider whether the primary borrower properly was joined...

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