45-21.35. Ordering resales; receivers for property; tax payments.
The court or judge granting such order or injunction, or before whom the same is returnable, shall have the right before, but not after, the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A to order a resale by the mortgagee, trustee, commissioner, or other person authorized to make the same in such manner and upon such terms as may be just and equitable: Provided, the rights of all parties in interest, or who may be affected thereby, shall be preserved and protected by bond or indemnity in such form and amount as the court may require, and the court or judge may also appoint a receiver of the property or the rents and proceeds thereof, pending any sale or resale, and may make such order for the payment of taxes or other prior lien as may be necessary, subject to the right of appeal to the appellate division in all cases. (1933, c. 275, s. 2; 1949, c. 720, s. 3; 1969, c. 44, s. 51; 1993, c. 305, s. 23.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2B - Injunctions; Deficiency Judgments.
§ 45-21.34 - Enjoining mortgage sales on equitable grounds.
§ 45-21.35 - Ordering resales; receivers for property; tax payments.
§ 45-21.37 - Certain sections not applicable to tax suits.
§ 45-21.38 - Deficiency judgments abolished where mortgage represents part of purchase price.
§ 45-21.38A - Deficiency judgments abolished where mortgage secured by primary residence.