45-21.46. Validation of foreclosure sales where posting and publication not complied with.
(a) In all cases of foreclosure of mortgages or deeds of trust secured by real estate pursuant to power of sale which foreclosures were commenced on or subsequent to June 6, 1975, and consummated prior to June 1, 1983, in which foreclosure sales the requirements for posting and publication of notice of sale set forth in G.S. 45-21.17 were complied with but the requirements of the mortgage or deed of trust as to posting and publication of notice of sale were not complied with, are validated, ratified and confirmed and shall be effective to pass title to real estate to the same extent as though all requirements of the mortgage or deed of trust respecting posting and publication of notice of sale were complied with; unless an action to set aside such foreclosure is commenced before January 1, 1984.
(b) All foreclosures of mortgages or deeds of trust secured by real estate pursuant to power of sale, which foreclosures were commenced on or subsequent to June 1, 1983, and consummated prior to April 1, 1985, in which foreclosure sales the requirements for posting and publication of notice of sale set forth in G.S. 45-21.17 were complied with but the requirements of the mortgage or deed of trust as to posting and publication of notice of sale were not complied with, are validated, ratified and confirmed and shall be effective to pass title to real estate to the same extent as though all requirements of the mortgage or deed of trust respecting posting and publication of notice of sale were complied with; unless an action to set aside such foreclosure is commenced in the period beginning January 1, 1984, and ending January 1, 1986. (1983, c. 582, s. 1; c. 738, s. 1; 1985, c. 341.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2C - Validating Sections; Limitation of Time for Attacking Certain Foreclosures.
§ 45-21.42 - Validation of deeds where no order or record of confirmation can be found.
§ 45-21.43 - Validation of certain foreclosure sales.
§ 45-21.44 - Validation of foreclosure sales when provisions of G.S45-21.17(2) not complied with.
§ 45-21.45 - Validation of foreclosure sales where notice and hearing not provided.
§ 45-21.46 - Validation of foreclosure sales where posting and publication not complied with.
§ 45-21.47 - Validation of foreclosure sales when trustee is officer of owner of debt.
§ 45-21.48 - Validation of certain foreclosure sales that did not comply with posting requirement.
§ 45-21.49 - Validation of foreclosure sales when provisions of § 45-21.16A(a)(3) not complied with.