North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust

Article 2 - Right to Foreclose or Sell under Power.

§ 45-4 - Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action. - 45-4. Representative succeeds on death of mortgagee or trustee in...

§ 45-5 - Foreclosures by representatives validated. - 45-5. Foreclosures by representatives validated. In all actions which were...

§ 45-6 - Renunciation by representative; clerk appoints trustee. - 45-6. Renunciation by representative; clerk appoints trustee. The executor or...

§ 45-7 - Agent to sell under power may be appointed by parol. - 45-7. Agent to sell under power may be appointed by...

§ 45-8 - Survivorship among donees of power of sale. - 45-8. Survivorship among donees of power of sale. In all...

§ 45-9 - Clerk appoints successor to incompetent trustee. - 45-9. Clerk appoints successor to incompetent trustee. When the sole...

§ 45-10 - Substitution of trustees in mortgages and deeds of trust. - 45-10. Substitution of trustees in mortgages and deeds of trust....

§ 45-11 - Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution. - 45-11. Appointment of substitute trustee upon application of subsequent or...

§ 45-14 - Acts of trustee prior to removal not invalidated. - 45-14. Acts of trustee prior to removal not invalidated. If...

§ 45-15 - Registration of substitution constructive notice. - 45-15. Registration of substitution constructive notice. The registration of such...

§ 45-17 - Substitution made as often as justifiable. - 45-17. Substitution made as often as justifiable. The powers set...

§ 45-18 - Validation of certain acts of substituted trustees. - 45-18. Validation of certain acts of substituted trustees. Whenever before...

§ 45-19 - Mortgage to guardian; powers pass to succeeding guardian. - 45-19. Mortgage to guardian; powers pass to succeeding guardian. When...

§ 45-20 - Sales by mortgagees and trustees confirmed. - 45-20. Sales by mortgagees and trustees confirmed. All sales of...

§ 45-20.1 - Validation of trustees' deeds where seals omitted. - 45-20.1. Validation of trustees' deeds where seals omitted. All deeds...

§ 45-20.3 - Validation of deeds where seal omitted on power of attorney. - 45-20.3. Validation of deeds where seal omitted on power of...

§ 45-21 - Validation of appointment of and conveyances to corporations as trustees. - 45-21. Validation of appointment of and conveyances to corporations as...

§ 45-21.01 - Foreclosure of deeds of trust and mortgages on property affected by boundary certification. - 45-21.01. Foreclosure of deeds of trust and mortgages on property...

Article 2A - Sales Under Power of Sale.

§ 45-21.1 - Definitions; construction. - 45-21.1. Definitions; construction. (a) The following definitions apply in this...

§ 45-21.2 - Article not applicable to foreclosure by court action. - 45-21.2. Article not applicable to foreclosure by court action. This...

§ 45-21.4 - Place of sale of real property. - 45-21.4. Place of sale of real property. (a) Every sale...

§ 45-21.7 - Sale of separate tracts in different counties. - 45-21.7. Sale of separate tracts in different counties. (a) When...

§ 45-21.8 - Sale as a whole or in parts. - 45-21.8. Sale as a whole or in parts. (a) When...

§ 45-21.9 - Amount to be sold when property sold in parts; sale of remainder if necessary. - 45-21.9. Amount to be sold when property sold in parts;...

§ 45-21.9A - Simultaneous foreclosure of two or more instruments. - 45-21.9A. Simultaneous foreclosure of two or more instruments. When two...

§ 45-21.10 - Requirement of cash deposit at sale. - 45-21.10. Requirement of cash deposit at sale. (a) If a...

§ 45-21.11 - Application of statute of limitations to serial notes. - 45-21.11. Application of statute of limitations to serial notes. When...

§ 45-21.12 - Power of sale barred when foreclosure barred. - 45-21.12. Power of sale barred when foreclosure barred. (a) Except...

§ 45-21.12A - Power of sale barred during periods of military service. - 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. - 45-21.14. Clerk's authority to compel report or accounting; contempt proceeding....

§ 45-21.15 - Trustee's fees. - 45-21.15. Trustee's fees. (a) When a sale has been held,...

§ 45-21.16 - Notice and hearing. - 45-21.16. Notice and hearing. (a) The mortgagee or trustee granted...

§ 45-21.16A - Contents of notice of sale. - 45-21.16A. Contents of notice of sale. (a) Except as provided...

§ 45-21.16C - Opportunity for parties to resolve foreclosure of owner-occupied residential property. - 45-21.16C. Opportunity for parties to resolve foreclosure of owner-occupied residential...

§ 45-21.17 - Posting and publishing notice of sale of real property. - 45-21.17. Posting and publishing notice of sale of real property....

§ 45-21.17A - Requests for copies of notice. - 45-21.17A. Requests for copies of notice. (a) Any person desiring...

§ 45-21.20 - Satisfaction of debt after publishing or posting notice, but before completion of sale. - 45-21.20. Satisfaction of debt after publishing or posting notice, but...

§ 45-21.21 - Postponement of sale; notice of cancellation. - 45-21.21. Postponement of sale; notice of cancellation. (a) Any person...

§ 45-21.22 - Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale. - 45-21.22. Procedure upon dissolution of order restraining or enjoining sale,...

§ 45-21.23 - Time of sale. - 45-21.23. Time of sale. A sale shall begin at the...

§ 45-21.24 - Continuance of uncompleted sale. - 45-21.24. Continuance of uncompleted sale. A sale commenced but not...

§ 45-21.26 - Preliminary report of sale of real property. - 45-21.26. Preliminary report of sale of real property. (a) The...

§ 45-21.27 - Upset bid on real property; compliance bonds. - 45-21.27. Upset bid on real property; compliance bonds. (a) An...

§ 45-21.29 - Orders for possession. - 45-21.29. Orders for possession. (a) through (j) Repealed by Session...

§ 45-21.29A - No necessity for confirmation of sale. - 45-21.29A. No necessity for confirmation of sale. No confirmation of...

§ 45-21.30 - Failure of bidder to make cash deposit or to comply with bid; resale. - 45-21.30. Failure of bidder to make cash deposit or to...

§ 45-21.31 - Disposition of proceeds of sale; payment of surplus to clerk. - 45-21.31. Disposition of proceeds of sale; payment of surplus to...

§ 45-21.32 - Special proceeding to determine ownership of surplus. - 45-21.32. Special proceeding to determine ownership of surplus. (a) A...

§ 45-21.33 - Final report of sale of real property. - 45-21.33. Final report of sale of real property. (a) A...

Article 2B - Injunctions; Deficiency Judgments.

§ 45-21.34 - Enjoining mortgage sales on equitable grounds. - 45-21.34. Enjoining mortgage sales on equitable grounds. Any owner of...

§ 45-21.35 - Ordering resales; receivers for property; tax payments. - 45-21.35. Ordering resales; receivers for property; tax payments. The court...

§ 45-21.36 - Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense. - 45-21.36. Right of mortgagor to prove in deficiency suits reasonable...

§ 45-21.37 - Certain sections not applicable to tax suits. - 45-21.37. Certain sections not applicable to tax suits. Sections 45-21.34...

§ 45-21.38 - Deficiency judgments abolished where mortgage represents part of purchase price. - 45-21.38. Deficiency judgments abolished where mortgage represents part of purchase...

§ 45-21.38A - Deficiency judgments abolished where mortgage secured by primary residence. - 45-21.38A. Deficiency judgments abolished where mortgage secured by primary residence....

§ 45-21.38C - Severability. - 45-21.38C. Severability. The provisions of this Article shall be severable,...

Article 2C - Validating Sections; Limitation of Time for Attacking Certain Foreclosures.

§ 45-21.39 - Limitation of time for attacking certain foreclosures on ground trustee was agent, etc., of owner of debt. - 45-21.39. Limitation of time for attacking certain foreclosures on ground...

§ 45-21.40 - Real property; validation of deeds made after expiration of statute of limitations where sales made prior thereto. - 45-21.40. Real property; validation of deeds made after expiration of...

§ 45-21.41 - Orders signed on days other than first and third Mondays validated; force and effect of deeds. - 45-21.41. Orders signed on days other than first and third...

§ 45-21.42 - Validation of deeds where no order or record of confirmation can be found. - 45-21.42. Validation of deeds where no order or record of...

§ 45-21.43 - Validation of certain foreclosure sales. - 45-21.43. Validation of certain foreclosure sales. In all cases where...

§ 45-21.44 - Validation of foreclosure sales when provisions of G.S45-21.17(2) not complied with. - 45-21.44. Validation of foreclosure sales when provisions of G.S. 45-21.17(2)...

§ 45-21.45 - Validation of foreclosure sales where notice and hearing not provided. - 45-21.45. Validation of foreclosure sales where notice and hearing not...

§ 45-21.46 - Validation of foreclosure sales where posting and publication not complied with. - 45-21.46. Validation of foreclosure sales where posting and publication not...

§ 45-21.47 - Validation of foreclosure sales when trustee is officer of owner of debt. - 45-21.47. Validation of foreclosure sales when trustee is officer of...

§ 45-21.48 - Validation of certain foreclosure sales that did not comply with posting requirement. - 45-21.48. Validation of certain foreclosure sales that did not comply...

§ 45-21.49 - Validation of foreclosure sales when provisions of § 45-21.16A(a)(3) not complied with. - 45-21.49. Validation of foreclosure sales when provisions of 45-21.16A(a)(3) not...

Article 3 - Mortgage Sales.

§ 45-22 - Transferred to G.S45-21.39 by Session Laws 1949, c720, s4. - 45-22: Transferred to G.S. 45-21.39 by Session Laws 1949, c....

§ 45-26.1 - Transferred to G.S45-21.40 by Session Laws 1949, c720, s4. - 45-26.1. Transferred to G.S. 45-21.40 by Session Laws 1949, c....

§ 45-31 - Transferred to G.S45-21.41 by Session Laws 1949, c720, s4. - 45-31. Transferred to G.S. 45-21.41 by Session Laws 1949, c....

§ 45-32 through 45-36 - Transferred to G.S45-21.34 to 45-21.38 by Session Laws 1949, c720, s3. - 45-32 through 45-36. Transferred to G.S. 45-21.34 to 45-21.38 by...

§ 45-36.1 - Transferred to G.S45-21.42 by Session Laws 1949, c720, s4. - 45-36.1. Transferred to G.S. 45-21.42 by Session Laws 1949, c....

Article 4 - Satisfaction.

§ 45-36.2 - Obligation of good faith. - 45-36.2. Obligation of good faith. Every action or duty within...

§ 45-36.3 - Notification by mortgagee of satisfaction of provisions of deed of trust or mortgage, or other instrument; civil penalty. - 45-36.3. Notification by mortgagee of satisfaction of provisions of deed...

§ 45-36.4 - Definitions. - 45-36.4. Definitions. As used in this Article, the following terms...

§ 45-36.5 - Notificationmanner of giving and effective date. - 45-36.5. Notification: manner of giving and effective date. (a) A...

§ 45-36.6 - Document of rescissioneffect; liability for wrongful recording. - 45-36.6. Document of rescission: effect; liability for wrongful recording. (a)...

§ 45-36.7 - Payoff and short-pay statements; request and content. - 45-36.7. Payoff and short-pay statements; request and content. (a) An...

§ 45-36.7A - Credit suspension directives. - 45-36.7A. Credit suspension directives. (a) A credit suspension directive may...

§ 45-36.8 - Understated payoff statement or short-pay statementcorrection; effect. - 45-36.8. Understated payoff statement or short-pay statement: correction; effect. (a)...

§ 45-36.9 - Secured creditor to submit satisfaction or release for recording; liability for failure. - 45-36.9. Secured creditor to submit satisfaction or release for recording;...

§ 45-36.10 - Content and effect of satisfaction. - 45-36.10. Content and effect of satisfaction. (a) A document is...

§ 45-36.11 - Satisfactionform. - 45-36.11. Satisfaction: form. (a) Standard Form. - No particular phrasing...

§ 45-36.12 - Limitation of secured creditor's liability. - 45-36.12. Limitation of secured creditor's liability. A secured creditor is...

§ 45-36.13 - Eligibility to serve as satisfaction agent. - 45-36.13. Eligibility to serve as satisfaction agent. No person other...

§ 45-36.14 - Affidavit of satisfactionnotification to secured creditor. - 45-36.14. Affidavit of satisfaction: notification to secured creditor. (a) If...

§ 45-36.15 - Affidavit of satisfactionauthorization to submit for recording. - 45-36.15. Affidavit of satisfaction: authorization to submit for recording. (a)...

§ 45-36.16 - Affidavit of satisfactioncontent. - 45-36.16. Affidavit of satisfaction: content. An affidavit of satisfaction of...

§ 45-36.17 - Affidavit of satisfactionform. - 45-36.17. Affidavit of satisfaction: form. No particular phrasing of an...

§ 45-36.18 - Affidavit of satisfactioneffect. - 45-36.18. Affidavit of satisfaction: effect. (a) Upon recording, an affidavit...

§ 45-36.19 - Liability of satisfaction agent. - 45-36.19. Liability of satisfaction agent. (a) Except as otherwise provided...

§ 45-36.20 - Trustee's satisfaction of deed of trustcontent and effect. - 45-36.20. Trustee's satisfaction of deed of trust: content and effect....

§ 45-36.21 - Trustee's satisfaction of deed of trustform. - 45-36.21. Trustee's satisfaction of deed of trust: form. (a) Standard...

§ 45-36.22 - Partial releasecontent and effect; form. - 45-36.22. Partial release: content and effect; form. (a) A document...

§ 45-36.23 - Obligation releasecontent and effect. - 45-36.23. Obligation release: content and effect. (a) A document is...

§ 45-36.24 - Expiration of lien of security instrument. - 45-36.24. Expiration of lien of security instrument. (a) Maturity Date....

§ 45-37 - Satisfaction of record of security instruments. - 45-37. Satisfaction of record of security instruments. (a) Subject to...

§ 45-37.1 - Validation of certain entries of cancellation made by beneficiary or assignee instead of trustee. - 45-37.1. Validation of certain entries of cancellation made by beneficiary...

§ 45-37.2 - Indexing satisfactions and other documents relating to security instruments. - 45-37.2. Indexing satisfactions and other documents relating to security instruments....

§ 45-38 - Recording of foreclosure. - 45-38. Recording of foreclosure. In case of foreclosure of any...

§ 45-41 - Recorded deed of release of mortgagee's representative. - 45-41. Recorded deed of release of mortgagee's representative. The personal...

§ 45-42 - Satisfaction of corporate mortgages by corporate officers. - 45-42. Satisfaction of corporate mortgages by corporate officers. All security...

§ 45-42.1 - Corporate cancellation of lost mortgages by register of deeds. - 45-42.1. Corporate cancellation of lost mortgages by register of deeds....

§ 45-42.3 - Automatic release of real property from ancillary security instruments. - 45-42.3. Automatic release of real property from ancillary security instruments....

Article 5 - Miscellaneous Provisions.

§ 45-43 - Real estate mortgage loans; commissions. - 45-43. Real estate mortgage loans; commissions. Any individual or corporation...

§ 45-44 - Mortgages held by insurance companies, banks, building and loan associations, or other lending institutions. - 45-44. Mortgages held by insurance companies, banks, building and loan...

§ 45-45 - Spouse of mortgagor included among those having right to redeem real property. - 45-45. Spouse of mortgagor included among those having right to...

§ 45-45.1 - Release of mortgagor by dealings between mortgagee and assuming grantee. - 45-45.1. Release of mortgagor by dealings between mortgagee and assuming...

§ 45-45.2 - Transfer taxes not applicable. - 45-45.2. Transfer taxes not applicable. Notwithstanding any other provision of...

§ 45-45.3 - Trustee in a deed of trust. - 45-45.3. Trustee in a deed of trust. (a) The following...

Article 7 - Instruments to Secure Future Advances and Future Obligations.

§ 45-67 - Definitions. - 45-67. Definitions. The following definitions apply in this Article: (1)...

§ 45-68 - Requirements. - 45-68. Requirements. A security instrument, otherwise valid, shall secure the...

§ 45-69 - Fluctuation of obligations within maximum amount. - 45-69. Fluctuation of obligations within maximum amount. Unless the security...

§ 45-70 - Priority of security instrument. - 45-70. Priority of security instrument. (a) Subject to subsections (a1),...

§ 45-71 - Satisfaction of the security instrument. - 45-71. Satisfaction of the security instrument. Upon payment of all...

§ 45-72 - Termination of future optional advances. - 45-72. Termination of future optional advances. (a) The holder of...

§ 45-73 - Cancellation of record; presentation of notes described in security instrument sufficient. - 45-73. Cancellation of record; presentation of notes described in security...

§ 45-74 - Article not exclusive. - 45-74. Article not exclusive. The provisions of this Article shall...

Article 8 - Instruments to Secure Certain Home Loans.

§ 45-80 - Priority of security instruments securing certain home loans. - 45-80. Priority of security instruments securing certain home loans. (a)...

Article 9 - Instruments to Secure Equity Lines of Credit.

§ 45-81 - Definitions. - 45-81. Definitions. The following definitions apply in this Article: (1)...

§ 45-82 - Priority of equity line security instrument. - 45-82. Priority of equity line security instrument. An equity line...

§ 45-82.1 - Extension of period for advances. - 45-82.1. Extension of period for advances. (a) The period for...

§ 45-82.2 - Request to terminate an equity line of credit. - 45-82.2. Request to terminate an equity line of credit. (a)...

§ 45-82.3 - Notice regarding future advances. - 45-82.3. Notice regarding future advances. (a) A notice regarding future...

§ 45-82.4 - Prepayment penalty. - 45-82.4. Prepayment penalty. Except as provided in G.S. 24-9(c), no...

§ 45-83 - Future advances statute shall not apply. - 45-83. Future advances statute shall not apply. The provisions of...

§ 45-84 - Article not exclusive. - 45-84. Article not exclusive. Except as otherwise provided in G.S....

Article 10 - Mortgage Debt Collection and Servicing.

§ 45-90 - Definitions. - 45-90. Definitions. As used in this Article, the following definitions...

§ 45-91 - Assessment of fees; processing of payments; publication of statements. - 45-91. Assessment of fees; processing of payments; publication of statements....

§ 45-92 - Obligation of servicer to handle escrow funds. - 45-92. Obligation of servicer to handle escrow funds. Any servicer...

§ 45-93 - Borrower requests for information. - 45-93. Borrower requests for information. The servicer shall make reasonable...

§ 45-94 - Remedies. - 45-94. Remedies. In addition to any equitable remedies and any...

§ 45-95 - Severability. - 45-95. Severability. The provisions of this Article shall be severable,...

Article 11 - Emergency Program to Reduce Home Foreclosures.

§ 45-100 - Title. - 45-100. Title. This Article shall be known as the Emergency...

§ 45-101 - Definitions. - 45-101. Definitions. The following definitions apply throughout this Article: (1)...

§ 45-102 - Pre-foreclosure notice for home loans. - 45-102. Pre-foreclosure notice for home loans. At least 45 days...

§ 45-103 - Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans. - 45-103. Pre-foreclosure information to be filed with the Administrative Office...

§ 45-104 - State Home Foreclosure Prevention Project and Fund. - 45-104. State Home Foreclosure Prevention Project and Fund. (a) The...

§ 45-105 - Extension of foreclosure process. - 45-105. Extension of foreclosure process. The Housing Finance Agency shall...

§ 45-106 - Use and privacy of records. - 45-106. Use and privacy of records. The data provided to...

§ 45-107 - Foreclosure filing. - 45-107. Foreclosure filing. (a) For the duration of the program...

<< Previous

Next >>

North Carolina General Statutes Chapter 45 - Mortgages and Deeds of Trust

North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust