At least 45 days prior to the filing of a notice of hearing in a foreclosure proceeding on a primary residence, mortgage servicers of home loans shall send written notice by mail to the last known address of the borrower to inform the borrower of the availability of resources to avoid foreclosure, including:
(1) An itemization of all past due amounts causing the loan to be in default.
(2) An itemization of any other charges that must be paid in order to bring the loan current.
(3) A statement that the borrower may have options available other than foreclosure and that the borrower may discuss available options with the mortgage lender, the mortgage servicer, or a counselor approved by the U.S. Department of Housing and Urban Development.
(4) The address, telephone number, and other contact information for the mortgage lender, the mortgage servicer, or the agent for either of them who is authorized to attempt to work with the borrower to avoid foreclosure.
(5) The name, address, telephone number, and other contact information for one or more HUD-approved counseling agencies operating to assist borrowers in North Carolina to avoid foreclosure.
(6) The address, telephone number, and other contact information for the State Home Foreclosure Prevention Project of the Housing Finance Agency. (2008-226, s. 1; 2010-168, ss. 1, 9; 2012-79, s. 2.17(a), (g).)
Notes of Decisions
In Re the Foreclosure of a Deed of Trust, 738 S.E.2d 173 (N.C. 2013).
· cites it 3× “§ 45-101(4), and that if it was a subprime loan, that notice was given under N.C.G.S. § 45-102. N.C.G.S. § 45-21.16(d) (2009).”
In Re the Foreclosure by Simpson, 711 S.E.2d 165 (N.C. Ct. App. 2011).
“The General Assembly added a fifth requirement, which expired 31 October 2010: “that the underlying mortgage debt is not a subprime loan,” or, if it is a subprime loan, “that the pre-foreclosure notice under G.”
In re Foreclosure of Real Prop. Under Deed of Trust from Young, 744 S.E.2d 476 (N.C. Ct. App. 2013).
· cites it 2× “e six findings of fact specified under subsection (d) of that statute: (1) the existence of a valid debt of which the party seeking to foreclose is the holder; (2) the existence of default; (3) the trustee’s right to foreclose under the instrument; (4) the sufficiency of notice…”
Howse v. Bank of Am., N.A., 804 S.E.2d 552 (N.C. Ct. App. 2017).
· cites it 2× “16(d) : (1) the existence of a valid debt of which the party seeking to foreclose is the holder; (2) the existence of default; (3) the trustee's right to foreclose under the instrument; (4) the sufficiency of notice of hearing to the record owners of the property; (5) the…”
Mansfield v. Vanderbilt Mortg. & Fin., Inc., 29 F. Supp. 3d 645 (E.D.N.C. 2014).
“45 — 101(lb), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, and (vi) that the sale is not barred by G.”
In re: Frucella, 821 S.E.2d 249 (N.C. Ct. App. 2018).
“45-101(1b), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, and (vi) that the sale is not barred by G.”
Joy v. Merscorp, Inc., 935 F. Supp. 2d 848 (E.D.N.C. 2013).
“Second Foreclosure On July 29, 2009, Litton sent plaintiff a “Notice Pursuant to NCGS 45-102,” notifying him of a past due balance on the note.”
In Re Cornblum, 727 S.E.2d 338 (N.C. Ct. App. 2012).
“45-101(1b), that the preforeclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, and (vi) that the sale is not barred by G.”
Thompson v. Bank of Am., N.A., 776 S.E.2d 897 (N.C. Ct. App. 2015).
“45-101(1b), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, and (vi) that the sale is not barred by G.”
In Re Foreclosure of Deed of Trust From Yopp, 720 S.E.2d 769 (N.C. Ct. App. 2011).
“We have noted that “[t]he General Assembly added a fifth requirement, which expired 31 October 2010: ‘that the underlying mortgage debt is not a subprime loan,’ or, if it is a subprime loan, ‘that the pre-foreclosure notice under G.S. 45-102 was provided in all material…”
Peterson v. Wells Fargo Bank, N.A. (D. Conn. 2022).
· cites it 5× “The Respondent was mailed the pre-foreclosure notice required under N.C. Gen. Stat. §45-102 more than 45 days prior to the filing of the Notice of Hearing; and 7.”
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