High Point Bank And Trust Company v Highmark Properties, LLC

Following foreclosure, whether guarantors on a loan secured by the real property can assert a defense under N.C.G.S. 45-21.36 to reduce their individual liability for the debt or whether that defense is available only to the borrower who owned the real property used as collateral for the loan.

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Summary

Following foreclosure, whether guarantors on a loan secured by the real property can assert a defense under N.C.G.S. 45-21.36 to reduce their individual liability for the debt or whether that defense is available only to the borrower who owned the real property used as collateral for the loan.