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UNITED COMMUNITY BANK (GEORGIA) v. WOLFE

No. 289PA15.

799 S.E.2d 269 (2017)

UNITED COMMUNITY BANK (GEORGIA), v. Thomas L. WOLFE and Barbara J. Wolfe, Trustees of The Thomas L. Wolfe and Barbara J. Wolfe Irrevocable Trust, Thomas L. Wolfe, Individually, and Barbara J. Wolfe, Individually.

Supreme Court of North Carolina.

Filed May 5, 2017.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, by Robert A. Mays , Mark A. Pinkston , and Esther E. Manheimer , for plaintiff-appellant.

Donald H. Barton, P.C., by Donald H. Barton , Brevard; and Matthew J. Barton for defendant-appellees.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Clint S. Morse , Greensboro, and Robert A. Singer , for North Carolina Bankers Association, amicus curiae.

North Carolina's anti-deficiency statute, N.C.G.S. § 45-21.36, affords protection to a borrower following a nonjudicial power-of-sale foreclosure by accounting for the "true value" of the foreclosed property, thereby potentially reducing the borrower's remaining indebtedness. To assert this statutory protection, however, the...

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