N.C.P.I.—Civil 855.16

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 [fourth] [(state number)] issue reads:

“What was the true value of (identify property) on (date of

foreclosure sale)?”

You will answer this issue only if you have answered Issue [Three]

[(state number)] “Yes,” in favor of the defendant.

On this issue the burden of proof is on the defendant.2 This means

that the defendant must prove by the greater weight of the evidence the

true value of (identify property) on (date of foreclosure sale).3 As

previously instructed, the term “true value” means 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.4

Once you have found by the greater weight of the evidence the true

value of (identify property) on (date of foreclosure sale), you will write

that amount in the blank space on the verdict form.