Kavanau Real Estate Trust v. Debnam

MORRIS, Chief Judge.

The parties have narrowed the questions presented on appeal to two: (1) Did the trial court err in concluding that G.S. 45-21.38 (the “anti-deficiency statute”) did not bar an in personam judg*259ment on a purchase money note where there was no recourse against the security evidenced by the deed of trust on the leasehold interest? (2) Did the trial court err in entering summary judgment prior to the expiration of the time for defendants to file an answer after the denial of their motion to dismiss?

Defendants argue that the “Anti-deficiency Statute”, G.S. 45-21.38, precludes…