NC General Statutes

N.C. Gen. Stat. § 45-21.2 (2026)

Article not applicable to foreclosure by court action

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 45 CornellLII Search CasesGoogle Scholar

This Article does not affect any right to foreclosure by action in court, and is not applicable to any such action. (1949, c. 720, s. 1.)

Notes of Decisions

Cited in 5 cases, 1965–2016 · leading case: In Re Foreclosure of a Deed of Trust Executed by Lucks, 794 S.E.2d 501 (N.C. 2016).

Sort: Relevance Newest Treatment

In Re Foreclosure of a Deed of Trust Executed by Lucks, 794 S.E.2d 501 (N.C. 2016). · cites it 12× “See N.C.G.S. § 45-21.2 (2015) (“This Article does not affect any right to foreclosure by action in court .”

Phil Mechanic Const. Co., Inc. v. Haywood, 325 S.E.2d 1 (N.C. Ct. App. 1985). · cites it 3× “Plaintiff further argues that G.S. 45-21.2 clearly states that the “right to foreclose by action in court” is not affected by a proceeding under this article.”

Sprouse v. North River Ins., 344 S.E.2d 555 (N.C. Ct. App. 1986). “The fixing of rights, argues defendant, operates to terminate any interest of the mortgagor, in this case the Sprouses.”

Certain-teed Prods. Corp. v. Sanders, 141 S.E.2d 329 (N.C. 1965). “” G.S. 45-21.2. (Note: G.S. Chapter 1, Article 29A, relates expressly to “Judicial Sales.”

United Carolina Bank v. Tucker, 392 S.E.2d 410 (N.C. Ct. App. 1990). “” G.S. 45-21.2. In the instant case, it was undisputed that the mortgage instrument contained an express power of sale.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.