Reavis v. Ecological Development, Inc.

BECTON, Judge.

The propriety of the trial court’s grant of summary judgment depends upon whether the recovery of attorneys’ fees and expenses in this case is against public policy and affected by North Carolina’s Anti-Deficiency Judgment statute, G.S. 45-21.38. 1 De fendant argues that the language of the statute as well as certain provisions in the deeds of trust should limit plaintiffs’ recovery to the encumbered property only, thereby precluding the separate recovery of attorneys’ fees and expenses.

6.S. 45-21.38 essentially provides that upon default by a purchase-money mortgagor, the…