NC · jury_instructions
N.C.P.I.—Civil 855.12
FORECLOSURE - ACTION FOR DEFICIENCY JUDGMENT - DEFENSE OF MORTGAGOR TO DEFEAT AND OFFSET DEFICIENCY JUDGMENT- PROPERTY FAIRLY WORTH OWED.
NOTE WELL: A sample verdict form and a judge’s
worksheet to use for deficiency judgment actions are
available at N.C.P.I.-Civil 855.18.
The [second] [(state number)] issue reads:
“Was (identify property) fairly worth the amount owed to the
plaintiff on the debt secured by the [mortgage] [deed of trust] [other
obligation] at the time and place of the foreclosure sale on (date)?”
On this issue the burden of proof is on the defendant.1 This means
that the defendant must prove, by the greater weight of the evidence,
that (identify property) was fairly worth the amount of the debt owed to
the plaintiff on the date of the foreclosure sale on (date).2 For the
purpose of this issue, the amount of the debt owed to the plaintiff is
[(identify amount if stipulated or judicially determined)] [the amount you
answered in response to Issue [One][(state number)].3
In determining whether the property was “fairly worth” the amount
of the debt owed to the plaintiff at the time and place of the foreclosure
sale on (date), you should give the words “fairly worth” their ordinary
meanings.
If you find by the greater weight of the evidence that the (identify
property) was fairly worth the amount of the debt owed to the plaintiff at
the time and place of the foreclosure sale on (date), then it would be
your duty to answer this issue “Yes,” in favor of the defendant. If you do
not so find, then it would be your duty to answer this issue “No,” in favor
of the plaintiff.
If you have answered this issue “Yes,” then your deliberations are
complete and you will not consider Issue(s) (state number). If you have
answered this issue “No,” then proceed to answer the next issue.
History
N.C.P.I.—Civil 855.12 (April 2016). N.C. Gen. Stat. § 45-21.36. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
cbc4aafe1fd28897604e4eb18e197565b9363b3adb5c2ce6506b93c216a7b9f0
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