Federal Land Bank of Columbia v. Lackey

EAGLES, Judge.

The issue presented is whether the trial court erred in granting summary judgment in favor of plaintiff in this deficiency judgment action. Defendant argues that he was not properly served with notice of the foreclosure hearing pursuant to G.S. 45-21.16 and for that reason is not liable for any deficiency arising from the foreclosure sale. We agree and reverse. Summary judgment is properly granted when there is no genuine issue of material fact and one of the parties is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56; Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.…