45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
When the mortgagee in a mortgage, or the trustee in a deed in trust, executed for the purpose of securing a debt, containing a power of sale, dies before the payment of the debt secured in such mortgage or deed in trust, all the title, rights, powers and duties of such mortgagee or trustee pass to and devolve upon the executor or administrator or collector of such mortgagee or trustee, including the right to bring an action of foreclosure in any of the courts of this State as prescribed for trustees or mortgagees, and in such action it is unnecessary to make the heirs at law of such deceased mortgagee or trustee parties thereto. (1887, c. 147; 1895, c. 431; 1901, c. 186; 1905, c. 425; Rev., s. 1031; C.S., s. 2578; 1933, c. 199.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2 - Right to Foreclose or Sell under Power.
§ 45-5 - Foreclosures by representatives validated.
§ 45-6 - Renunciation by representative; clerk appoints trustee.
§ 45-7 - Agent to sell under power may be appointed by parol.
§ 45-8 - Survivorship among donees of power of sale.
§ 45-9 - Clerk appoints successor to incompetent trustee.
§ 45-10 - Substitution of trustees in mortgages and deeds of trust.
§ 45-14 - Acts of trustee prior to removal not invalidated.
§ 45-15 - Registration of substitution constructive notice.
§ 45-17 - Substitution made as often as justifiable.
§ 45-18 - Validation of certain acts of substituted trustees.
§ 45-19 - Mortgage to guardian; powers pass to succeeding guardian.
§ 45-20 - Sales by mortgagees and trustees confirmed.
§ 45-20.1 - Validation of trustees' deeds where seals omitted.
§ 45-20.3 - Validation of deeds where seal omitted on power of attorney.
§ 45-21 - Validation of appointment of and conveyances to corporations as trustees.