North Carolina General Statutes — Chapter 45

135 sections. Sourced from ncleg.gov; each section links to its full text with case-law cross-references.

• § 45-4 Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action
• § 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
• § 45-11 Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution
• § 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
• § 45-21.01 Foreclosure of deeds of trust and mortgages on property affected by boundary certification
• § 45-21.1 Definitions; construction
• § 45-21.2 Article not applicable to foreclosure by court action
• § 45-21.4 Place of sale of real property
• § 45-21.7 Sale of separate tracts in different counties
• § 45-21.8 Sale as a whole or in parts
• § 45-21.9 Amount to be sold when property sold in parts; sale of remainder if necessary
• § 45-21.9A Simultaneous foreclosure of two or more instruments
• § 45-21.10 Requirement of cash deposit at sale
• § 45-21.11 Application of statute of limitations to serial notes
• § 45-21.12 Power of sale barred when foreclosure barred
• § 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
• § 45-21.15 Trustee's fees
• § 45-21.16 Notice and hearing
• § 45-21.16A Contents of notice of sale
• § 45-21.16C Opportunity for parties to resolve foreclosure of owner-occupied residential property
• § 45-21.17 Posting and publishing notice of sale of real property
• § 45-21.17A Requests for copies of notice
• § 45-21.20 Satisfaction of debt after publishing or posting notice, but before completion of sale
• § 45-21.21 Postponement of sale; notice of cancellation
• § 45-21.22 Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale
• § 45-21.23 Time of sale
• § 45-21.24 Continuance of uncompleted sale
• § 45-21.25A Bids placed remotely
• § 45-21.26 Preliminary report of sale of real property
• § 45-21.27 Upset bid on real property; compliance bonds
• § 45-21.29 Orders for possession
• § 45-21.29A No necessity for confirmation of sale
• § 45-21.30 Failure of bidder to make cash deposit or to comply with bid; resale
• § 45-21.31 Disposition of proceeds of sale; payment of surplus to clerk
• § 45-21.32 Special proceeding to determine ownership of surplus
• § 45-21.34 Enjoining mortgage sales on equitable grounds
• § 45-21.35 Ordering resales; receivers for property; tax payments
• § 45-21.36 Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense
• § 45-21.37 Certain sections not applicable to tax suits
• § 45-21.38A Deficiency judgments abolished where mortgage secured by primary residence
• § 45-21.38C Severability
• § 45-21.39 Limitation of time for attacking certain foreclosures on ground trustee was agent, etc., of owner of debt
• § 45-21.40 Real property; validation of deeds made after expiration of statute of limitations where sales made prior thereto
• § 45-21.41 Orders signed on days other than first and third Mondays validated; force and effect of deeds
• § 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.S. 45-21.17(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
• § 45-26.1 Transferred to G.S. 45-21.40 by Session Laws 1949, c. 720, s. 4
• § 45-31 Transferred to G.S. 45-21.41 by Session Laws 1949, c. 720, s. 4
• § 45-36.2 Obligation of good faith
• § 45-36.3 Notification by mortgagee of satisfaction of provisions of deed of trust or mortgage, or other instrument; civil penalty
• § 45-36.4 Definitions
• § 45-36.5 Notification: manner of giving and effective date
• § 45-36.6 Document of rescission: effect; liability for wrongful recording
• § 45-36.7 Payoff and short-pay statements; request and content
• § 45-36.7A Credit suspension directives
• § 45-36.8 Understated payoff statement or short-pay statement: correction; effect
• § 45-36.9 Secured creditor to submit satisfaction or release for recording; liability for failure
• § 45-36.10 Content and effect of satisfaction
• § 45-36.11 Satisfaction: form
• § 45-36.12 Limitation of secured creditor's liability
• § 45-36.13 Eligibility to serve as satisfaction agent
• § 45-36.14 Affidavit of satisfaction: notification to secured creditor
• § 45-36.15 Affidavit of satisfaction: authorization to submit for recording
• § 45-36.16 Affidavit of satisfaction: content
• § 45-36.17 Affidavit of satisfaction: form
• § 45-36.18 Affidavit of satisfaction: effect
• § 45-36.19 Liability of satisfaction agent
• § 45-36.20 Trustee's satisfaction of deed of trust: content and effect
• § 45-36.21 Trustee's satisfaction of deed of trust: form
• § 45-36.22 Partial release: content and effect; form
• § 45-36.23 Obligation release: content and effect
• § 45-36.24 Expiration of lien of security instrument
• § 45-37 Satisfaction of record of security instruments
• § 45-37.1 Validation of certain entries of cancellation made by beneficiary or assignee instead of trustee
• § 45-37.2 Indexing satisfactions and other documents relating to security instruments
• § 45-38 Recording of foreclosure
• § 45-41 Recorded deed of release of mortgagee's representative
• § 45-42 Satisfaction of corporate mortgages by corporate officers
• § 45-42.1 Corporate cancellation of lost mortgages by register of deeds
• § 45-42.3 Automatic release of real property from ancillary security instruments
• § 45-43 Real estate mortgage loans; commissions
• § 45-44 Mortgages held by insurance companies, banks, building and loan associations, or other lending institutions
• § 45-45 Spouse of mortgagor included among those having right to redeem real property
• § 45-45.2 Transfer taxes not applicable
• § 45-45.3 Trustee in a deed of trust
• § 45-67 Definitions
• § 45-68 Requirements
• § 45-69 Fluctuation of obligations within maximum amount
• § 45-70 Priority of security instrument
• § 45-71 Satisfaction of the security instrument
• § 45-72 Termination of future optional advances
• § 45-73 Cancellation of record; presentation of notes described in security instrument sufficient
• § 45-74 Article not exclusive
• § 45-80 Priority of security instruments securing certain home loans
• § 45-81 Definitions
• § 45-82 Priority of equity line security instrument
• § 45-82.1 Extension of period for advances
• § 45-82.2 Request to terminate an equity line of credit
• § 45-82.3 Notice regarding future advances
• § 45-82.4 Prepayment penalty
• § 45-83 Future advances statute shall not apply
• § 45-84 Article not exclusive
• § 45-89 Reserved for future codification purposes
• § 45-90 Definitions
• § 45-91 Assessment of fees; processing of payments; publication of statements
• § 45-92 Obligation of servicer to handle escrow funds
• § 45-93 Borrower requests for information
• § 45-94 Remedies
• § 45-95 Severability
• § 45-100 Title
• § 45-101 Definitions
• § 45-102 Pre-foreclosure notice for home loans
• § 45-103 Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans
• § 45-104 State Home Foreclosure Prevention Project and Fund
• § 45-105 Extension of foreclosure process
• § 45-106 Use and privacy of records
• § 45-107 Foreclosure filing