53 N.C. App. 496 - Reavis v. Ecological Development, Inc.’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A deficiency under G.S. 45-21.38 refers to an indebtedness which represents the balance of the original purchase price for the real estate not recovered through foreclosure. The attorneys’ fees and expenses in this case do not represent the unrecovered “balance of purchase money for [the] real estate,” G.S. 45-21.38; the fees represent the costs of foreclosing on the property.”

   2 later decisions quote this exact passage
   e.g. Merritt v. Ridge · Merritt v. Ridge

2. “A deficiency under G.S. 45-21.38 refers to an indebtedness which represents the balance of the original purchase price for the real estate not recovered through foreclosure. The attorneys' fees and expenses... do not represent the unrecovered "balance of purchase money for [the] real estate," G.S. 45-21.38; the fees represent the costs of foreclosing on the property. Moreover, defendant[s] ... negotiated with plaintiffs for the purchase of the land and agreed to the provisions in the promissory note providing for the payment of attorneys' fees and expenses upon default. The defendant[s] [are] not being held liable for a decline in the property value representing a deficiency; rather, defendant[s], as the part[ies] in default, [are] paying the agreed upon costs of plaintiffs in recovering the depreciated property. The defendant[s] agreed to this arrangement, and should not now be permitted to escape liability.”

   1 later decision quote this exact passage
   e.g. Merritt v. Ridge

3. “Although “provisions calling for a debtor to pay attorney’s fees incurred by a creditor in the collection of a debt” have long been considered against public policy, Enterprises, Inc. v. Equipment Co., 300 N.C. 286, 290 , 266 S.E.2d 812, 815 (1980); Tinsley v. Hoskins, 111 N.C. 340 , 16 S.E. 325 (1892), such provisions are enforceable when specifically authorized by statute. Enterprises, Inc. v. Equipment Co.; Supply, Inc. v. Allen, 30 N.C. App. 272 , 227 S.E.2d 120 (1976). General] Statute] 6-21.2 “represents a far-reaching exception to the well-established rule against attorney’s fees obligations,” Supply, Inc. v. Allen, 30 N.C. App. at 276 , 227 S.E.2d at 124 , and specifically approves of an obligation to pay reasonable attorneys’ fees found in any note “or other evidence of indebtedness.” G.S. 6-21.2.”

   1 later decision quote this exact passage
   e.g. 103 N.C. App. 110 - Carter v. Foster