53C-9-404. Petition for new trustee; upon parties interested.
In all cases of dissolution receivership and liquidation under this Article, the clerk of superior court of any county in which an indenture, deed of trust, or other instrument of like character is recorded shall, upon the verified petition of any person interested in any such trust, either as trustee, beneficiary, or otherwise, which interest shall be set out in the petition, enter an order directing service, in the manner required by law for service of summons, on all interested parties of a notice requiring all persons having any interest in the trust to appear at the clerk's office on a day designated in the order and notice, not less than 30 days from the date of the first publication of the notice, and show cause why a new trustee shall not be appointed. The notice shall set forth the names of the parties to the indenture, deed of trust, or other such instrument, and the date the documents were executed and the place of recording. (2012-56, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 53C - Regulation of Banks
Article 9 - Supervisory Liquidation; Voluntary Dissolution and Liquidation.
§ 53C-9-101 - Supervisory combinations.
§ 53C-9-102 - Distributions; assignments restricted.
§ 53C-9-103 - Cancellation of charter.
§ 53C-9-201 - Voluntary dissolution prior to receipt of charter.
§ 53C-9-202 - Voluntary dissolution.
§ 53C-9-203 - Voluntary dissolution and liquidation procedure.
§ 53C-9-401 - Article relating to receivers applicable to insolvent banks.
§ 53C-9-402 - Storage and destruction of records.
§ 53C-9-403 - Authority to serve as trustee terminated.
§ 53C-9-404 - Petition for new trustee; upon parties interested.
§ 53C-9-405 - Appointment of substitute trustee where no objection made.
§ 53C-9-406 - Hearing where objection made; appeal from order.
§ 53C-9-407 - Registration of final order.
§ 53C-9-408 - Petition and order applicable to all instruments involved.