NC · jury_instructions
N.C.P.I.—Civil 855.14
FORECLOSURE - ACTION FOR DEFICIENCY JUDGMENT - DEFENSE OF MORTGAGOR TO DEFEAT AND OFFSET DEFICIENCY JUDGMENT - BID SUBSTANTIALLY LESS THAN TRUE VALUE OF PROPERTY ON DATE OF FORECLOSURE.
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 [third] [(state number)] issue reads:
“Was the plaintiff’s bid of (state bid amount) at the foreclosure sale
of (identify property) on (date of foreclosure sale) substantially less than
the true value of that property on that 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 the amount bid at the foreclosure sale on (date), (state amount),
was substantially less than the true value of (identify property) on that
date.2
The term “true value” means “market value,” which is defined as
the amount that would be agreed upon as a fair price by a seller who
wishes to sell, but is not compelled to do so, and a buyer who wishes to
buy, but is not compelled to do so.3
If you find by the greater weight of the evidence that (state bid
amount) is substantially less than the true value of (identify property) on
(date of foreclosure sale), 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 “No,” then your deliberations are
complete and you will not consider Issue(s) (state number). If you have
answered this issue “Yes,” then proceed to answer the next issue.
History
N.C.P.I.—Civil 855.14 (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
4657d18a52d89528c689f98b2ac1f8e9c890b1d5f759d1861cd3599c3073803c
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