N.C. Gen. Stat. » Chapter 45
NC General Statutes

N.C. Gen. Stat. § 45-4 (2026)

Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action

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When the mortgagee in a mortgage, or the trustee in a deed in trust, executed for the purpose of securing a debt, containing a power of sale, dies before the payment of the debt secured in such mortgage or deed in trust, all the title, rights, powers and duties of such mortgagee or trustee pass to and devolve upon the executor or administrator or collector of such mortgagee or trustee, including the right to bring an action of foreclosure in any of the courts of this State as prescribed for trustees or mortgagees, and in such action it  is unnecessary to make the heirs at law of such deceased mortgagee or trustee parties thereto. (1887, c. 147; 1895, c. 431; 1901, c. 186; 1905, c. 425; Rev., s. 1031; C.S., s. 2578; 1933, c. 199.)

 

Notes of Decisions
Cited in 4 cases, 1950–1987 · leading case: Gregg v. Williamson, 98 S.E.2d 481 (N.C. 1957).
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Gregg v. Williamson, 98 S.E.2d 481 (N.C. 1957). · cites it 3× “G.S. § 45-4. Transfer of a note secured by a mortgage does not pass title to the land nor the power of sale nor the right to cancel or release the mortgage.”
Turner v. Blackburn, 389 F. Supp. 1250 (W.D.N.C. 1975). · cites it 2× “The clerk verifies that the sale was conducted by the proper party (see § 45-4 et seq. for provisions regulating succession of powers of sale and substitution of trustees); that it was held on "any day except Sunday," § 45-21.”
Fisher v. First Union Mortg. Corp. (In re Fisher), 80 B.R. 58 (Bankr. M.D.N.C. 1987). “§ 45-4 et seq. There is no evidence before this Court that the Debtors did not receive due process under state law.”
Combs v. Porter, 58 S.E.2d 100 (N.C. 1950). “Moreover, while the statute (G.S. 45-4), authorizes the executor of. a deceased mortgagee to exercise the power of foreclosure, it has been repeatedly held by this Court that when a power of sale is conferred upon two executors the power must be executed by them jointly, and…”
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