45-21.15. Trustee's fees.
(a) When a sale has been held, the trustee is entitled to such compensation, if any, as is stipulated in the instrument.
(b) When no sale has actually been held, compensation for a trustee's services is determined as follows:
(1) If no compensation for the trustee's services in holding a sale is provided for in the instrument, the trustee is not entitled to any compensation;
(2) If compensation is specifically provided for the trustee's services when no sale is actually held, the trustee is entitled to such compensation;
(3) If the instrument provides for compensation for the trustee's services in actually holding a sale, but does not provide compensation for the trustee's services when no sale is actually held, the trustee is entitled to compensation as follows: (i) one-fourth of the completed sale compensation before the trustee files the notice of hearing; (ii) one-half after the filing of the notice of hearing; and (iii) three-fourths after the hearing.
(4) Repealed by Session Laws 1993, c. 305, s. 7. (1949, c. 720, s. 1; 1993, c. 305, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2A - Sales Under Power of Sale.
§ 45-21.1 - Definitions; construction.
§ 45-21.2 - Article not applicable to foreclosure by court action.
§ 45-21.4 - Place of sale of real property.
§ 45-21.7 - Sale of separate tracts in different counties.
§ 45-21.8 - Sale as a whole or in parts.
§ 45-21.9 - Amount to be sold when property sold in parts; sale of remainder if necessary.
§ 45-21.9A - Simultaneous foreclosure of two or more instruments.
§ 45-21.10 - Requirement of cash deposit at sale.
§ 45-21.11 - Application of statute of limitations to serial notes.
§ 45-21.12 - Power of sale barred when foreclosure barred.
§ 45-21.12A - Power of sale barred during periods of military service.
§ 45-21.14 - Clerk's authority to compel report or accounting; contempt proceeding.
§ 45-21.16 - Notice and hearing.
§ 45-21.16A - Contents of notice of sale.
§ 45-21.16C - Opportunity for parties to resolve foreclosure of owner-occupied residential property.
§ 45-21.17 - Posting and publishing notice of sale of real property.
§ 45-21.17A - Requests for copies of notice.
§ 45-21.20 - Satisfaction of debt after publishing or posting notice, but before completion of sale.
§ 45-21.21 - Postponement of sale; notice of cancellation.
§ 45-21.24 - Continuance of uncompleted sale.
§ 45-21.26 - Preliminary report of sale of real property.
§ 45-21.27 - Upset bid on real property; compliance bonds.
§ 45-21.29 - Orders for possession.
§ 45-21.29A - No necessity for confirmation of sale.
§ 45-21.30 - Failure of bidder to make cash deposit or to comply with bid; resale.
§ 45-21.31 - Disposition of proceeds of sale; payment of surplus to clerk.
§ 45-21.32 - Special proceeding to determine ownership of surplus.