Brumley v. Mallard, L.L.C.

I agree with the majority that “the evidence of indebtedness” in the case sub judice fails to indicate on its face that the transaction is a purchase money transaction, as required by N.C.G.S. § 45-21.38. However, I do believe the evidence raises a genuine issue of material fact regarding whether the closing documents were “prepared under the direction and supervision of the seller.” In addition, I do not agree that the modified agreement is supported by consideration. For these reasons, I respectfully dissent.

*569Summary judgment is only proper if “the pleadings, depositions, answers to…