N.C.P.I.—Civil 855.18

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF _______________ xx CVS xxxx

PLAINTIFF )

)

vs. ) SAMPLE VERDICT FORM

)

DEFENDANT, )

)

We, the jury, unanimously answer the following issues:

Issue 1:1 What amount did the defendant owe the plaintiff at the time

and place of the foreclosure sale on (date)?2

ANSWER: _________________________________________

Issue 2: Was (identify property) fairly worth the amount owed to the

plaintiff at the time and place of the foreclosure sale on (date)?

ANSWER: ________________________________________

(If you answer Issue 2 “Yes,” then your deliberations are complete

and you will not consider the remaining issues. If you have

answered it “No,” then proceed to Issue 3.)

Issue 3: 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?

ANSWER: _________________________________________

(If you have answered Issue 3 “Yes,” then proceed to Issue 4. If

you have answered it “No,” then your deliberations are complete

and you will not consider the remaining issue.)

Issue 4: What was the true value of (identify property) on (date of

foreclosure sale)?

ANSWER: _________________________________________

JUDGE’S WORKSHEET TO DETERMINE AMOUNT OF OFFSET

AGAINST DEFICIENCY JUDGMENT

This worksheet is for the judge’s use only. Do not give to the jury.

If jury answered Issue 2 “Yes”, and found that property was fairly worth

the amount of the mortgage at the time of the foreclosure sale:

Defeats Deficiency Judgment;

0 to Plaintiff; Judgment for the

Defendant

*****************************************************

If jury answered Issue 2 “No” and Issue 3 “No” finding that the

plaintiff’s bid was not substantially less than the true value of the

property at the time of the foreclosure sale:

Deficiency Judgment in favor of

the Plaintiff

stands;theDefendantis not

entitled to any offset against

theDeficiency Judgment

*****************************************************

If jury answered Issue 2 “No” and Issue 3 “Yes”, use the below:

True Value of Property on

Date of Foreclosure Sale (Issue 4): _________________

[minus] -

Amount Bid By Plaintiff at Foreclosure

Sale that Jury Found was Substantially

Less Than True Value (Issue 3): _________________

[equal] =

Amount of Offset Defendant is entitled

to Against the Deficiency Judgment _________________