printable versionNorth Carolina General Statutes
Chapter 45: Mortgages and Deeds of Trust.
| Full-Text Search?: |
| Look-Up by Citation: |
View Consolidated Chapter [RTF] [PDF]
- § 45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action. [RTF] [PDF]
- § 45-5. Foreclosures by representatives validated. [RTF] [PDF]
- § 45-6. Renunciation by representative; clerk appoints trustee. [RTF] [PDF]
- § 45-7. Agent to sell under power may be appointed by parol. [RTF] [PDF]
- § 45-8. Survivorship among donees of power of sale. [RTF] [PDF]
- § 45-9. Clerk appoints successor to incompetent trustee. [RTF] [PDF]
- § 45-10. Substitution of trustees in mortgages and deeds of trust. [RTF] [PDF]
- § 45-11. Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution. [RTF] [PDF]
- § 45-12. Repealed by Session Laws 1973, c. 1208. [RTF] [PDF]
- § 45-13. Repealed by Session Laws 1981, c. 599, s. 12. [RTF] [PDF]
- § 45-14. Acts of trustee prior to removal not invalidated. [RTF] [PDF]
- § 45-15. Registration of substitution constructive notice. [RTF] [PDF]
- § 45-16. Register of deeds to make marginal entry of substituted trustee. [RTF] [PDF]
- § 45-17. Substitution made as often as justifiable. [RTF] [PDF]
- § 45-18. Validation of certain acts of substituted trustees. [RTF] [PDF]
- § 45-19. Mortgage to guardian; powers pass to succeeding guardian. [RTF] [PDF]
- § 45-20. Sales by mortgagees and trustees confirmed. [RTF] [PDF]
- § 45-20.1. Validation of trustees' deeds where seals omitted. [RTF] [PDF]
- § 45-20.2. Repealed by Session Laws 1981, c. 183, s. 2. [RTF] [PDF]
- § 45-20.3. Validation of deeds where seal omitted on power of attorney. [RTF] [PDF]
- § 45-21. Validation of appointment of and conveyances to corporations as trustees. [RTF] [PDF]
- § 45-21.1. Definitions; construction. [RTF] [PDF]
- § 45-21.2. Article not applicable to foreclosure by court action. [RTF] [PDF]
- § 45-21.3. Repealed by Session Laws 1993, c. 305, s. 2. [RTF] [PDF]
- § 45-21.4. Place of sale of real property. [RTF] [PDF]
- §§ 45-21.5 through 45-21.6. Repealed by Session Laws 1967, c. 562, s. 2. [RTF] [PDF]
- § 45-21.7. Sale of separate tracts in different counties. [RTF] [PDF]
- § 45-21.8. Sale as a whole or in parts. [RTF] [PDF]
- § 45-21.9. Amount to be sold when property sold in parts; sale of remainder if necessary. [RTF] [PDF]
- § 45-21.9A. Simultaneous foreclosure of two or more instruments. [RTF] [PDF]
- § 45-21.10. Requirement of cash deposit at sale. [RTF] [PDF]
- § 45-21.11. Application of statute of limitations to serial notes. [RTF] [PDF]
- § 45-21.12. Power of sale barred when foreclosure barred. [RTF] [PDF]
- § 45-21.13. Repealed by Session Laws 1967, c. 562, s. 2. [RTF] [PDF]
- § 45-21.14. Clerk's authority to compel report or accounting; contempt proceeding. [RTF] [PDF]
- § 45-21.15. Trustee's fees. [RTF] [PDF]
- § 45-21.16. Notice and hearing. [RTF] [PDF]
- § 45-21.16A. Contents of notice of sale. [RTF] [PDF]
- § 45-21.16B. (Effective January 1, 2009) Suspension of foreclosure proceedings. [RTF] [PDF]
- § 45-21.17. Posting and publishing notice of sale of real property. [RTF] [PDF]
- § 45-21.17A. Requests for copies of notice. [RTF] [PDF]
- §§ 45-21.18 through 45-21.19. Repealed by Session Laws 1967, c. 562, s. 2. [RTF] [PDF]
- § 45-21.20. Satisfaction of debt after publishing or posting notice, but before completion of sale. [RTF] [PDF]
- § 45-21.21. Postponement of sale. [RTF] [PDF]
- § 45-21.22. Procedure upon dissolution of order restraining or enjoining sale, or upon lifting of automatic bankruptcy stay. [RTF] [PDF]
- § 45-21.23. Time of sale. [RTF] [PDF]
- § 45-21.24. Continuance of uncompleted sale. [RTF] [PDF]
- § 45-21.25. Repealed by Session Laws 1967, c. 562, s. 2. [RTF] [PDF]
- § 45-21.26. Preliminary report of sale of real property. [RTF] [PDF]
- § 45-21.27. Upset bid on real property; compliance bonds. [RTF] [PDF]
- § 45-21.28: Repealed by Session Laws 1993, c. 305, s. 17. [RTF] [PDF]
- § 45-21.29. Orders for possession. [RTF] [PDF]
- § 45-21.29A. No necessity for confirmation of sale. [RTF] [PDF]
- § 45-21.30. Failure of bidder to make cash deposit or to comply with bid; resale. [RTF] [PDF]
- § 45-21.31. Disposition of proceeds of sale; payment of surplus to clerk. [RTF] [PDF]
- § 45-21.32. Special proceeding to determine ownership of surplus. [RTF] [PDF]
- § 45-21.33. Final report of sale of real property. [RTF] [PDF]
- § 45-21.34. Enjoining mortgage sales on equitable grounds. [RTF] [PDF]
- § 45-21.35. Ordering resales; receivers for property; tax payments. [RTF] [PDF]
- § 45-21.36. Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense. [RTF] [PDF]
- § 45-21.37. Certain sections not applicable to tax suits. [RTF] [PDF]
- § 45-21.38. Deficiency judgments abolished where mortgage represents part of purchase price. [RTF] [PDF]
- § 45-21.39. Limitation of time for attacking certain foreclosures on ground trustee was agent, etc., of owner of debt. [RTF] [PDF]
- § 45-21.40. Real property; validation of deeds made after expiration of statute of limitations where sales made prior thereto. [RTF] [PDF]
- § 45-21.41. Orders signed on days other than first and third Mondays validated; force and effect of deeds. [RTF] [PDF]
- § 45-21.42. Validation of deeds where no order or record of confirmation can be found. [RTF] [PDF]
- § 45-21.43. Validation of certain foreclosure sales. [RTF] [PDF]
- § 45-21.44. Validation of foreclosure sales when provisions of G.S. 45-21.17(2) not complied with. [RTF] [PDF]
- § 45-21.45. Validation of foreclosure sales where notice and hearing not provided. [RTF] [PDF]
- § 45-21.46. Validation of foreclosure sales where posting and publication not complied with. [RTF] [PDF]
- § 45-21.47. Validation of foreclosure sales when trustee is officer of owner of debt. [RTF] [PDF]
- § 45-21.48. Validation of certain foreclosure sales that did not comply with posting requirement. [RTF] [PDF]
- § 45-21.49. Validation of foreclosure sales when provisions of § 45-21.16A(3) not complied with. [RTF] [PDF]
- § 45-22: Transferred to G.S. 45-21.39 by Session Laws 1949, c. 720, s. 4. [RTF] [PDF]
- §§ 45-23 through 45-26. Repealed by Session Laws 1949, c. 720, s. 5. [RTF] [PDF]
- § 45-26.1. Transferred to G.S. 45-21.40 by Session Laws 1949, c. 720, s. 4. [RTF] [PDF]
- §§ 45-27 through 45-30. Repealed by Session Laws 1949, c. 720, s. 5. [RTF] [PDF]
- § 45-31. Transferred to G.S. 45-21.41 by Session Laws 1949, c. 720, s. 4. [RTF] [PDF]
- §§ 45-32 through 45-36. Transferred to G.S. 45-21.34 to 45-21.38 by Session Laws 1949, c. 720, s. 3. [RTF] [PDF]
- § 45-36.1. Transferred to G.S. 45-21.42 by Session Laws 1949, c. 720, s. 4. [RTF] [PDF]
- § 45-36.2. Obligation of good faith. [RTF] [PDF]
- § 45-36.3. Notification by mortgagee of satisfaction of provisions of deed of trust or mortgage, or other instrument; civil penalty. [RTF] [PDF]
- § 45-36.4. Definitions. [RTF] [PDF]
- § 45-36.5. Notification: manner of giving and effective date. [RTF] [PDF]
- § 45-36.6. Document of rescission: effect; liability for wrongful recording. [RTF] [PDF]
- § 45-36.7. Payoff statement: request and content. [RTF] [PDF]
- § 45-36.8. Understated payoff statement: correction; effect. [RTF] [PDF]
- § 45-36.9. Secured creditor to submit satisfaction for recording; liability for failure. [RTF] [PDF]
- § 45-36.10. Content and effect of satisfaction. [RTF] [PDF]
- § 45-36.11. Satisfaction: form. [RTF] [PDF]
- § 45-36.12. Limitation of secured creditor's liability. [RTF] [PDF]
- § 45-36.13. Eligibility to serve as satisfaction agent. [RTF] [PDF]
- § 45-36.14. Affidavit of satisfaction: notification to secured creditor. [RTF] [PDF]
- § 45-36.15. Affidavit of satisfaction: authorization to submit for recording. [RTF] [PDF]
- § 45-36.16. Affidavit of satisfaction: content. [RTF] [PDF]
- § 45-36.17. Affidavit of satisfaction: form. [RTF] [PDF]
- § 45-36.18. Affidavit of satisfaction: effect. [RTF] [PDF]
- § 45-36.19. Liability of satisfaction agent. [RTF] [PDF]
- § 45-36.20. Trustee's satisfaction of deed of trust: content and effect. [RTF] [PDF]
- § 45-36.21. Trustee's satisfaction of deed of trust: form. [RTF] [PDF]
- § 45-37. Satisfaction of record of security instruments. [RTF] [PDF]
- § 45-37.1. Validation of certain entries of cancellation made by beneficiary or assignee instead of trustee. [RTF] [PDF]
- § 45-37.2. Recording satisfactions of security instruments. [RTF] [PDF]
- § 45-38. Recording of foreclosure. [RTF] [PDF]
- § 45-39: Repealed by Session Laws 1949, c. 720, s. 5. [RTF] [PDF]
- § 45-40: Repealed by Session Laws 2005-123, s. 1, effective October 1, 2005. [RTF] [PDF]
- § 45-41. Recorded deed of release of mortgagee's representative. [RTF] [PDF]
- § 45-42. Satisfaction of corporate mortgages by corporate officers. [RTF] [PDF]
- § 45-42.1. Corporate cancellation of lost mortgages by register of deeds. [RTF] [PDF]
- § 45-43. Real estate mortgage loans; commissions. [RTF] [PDF]
- §§ 45-43.1 through 45-43.5. Repealed by Session Laws 1971, c. 1229, s. 1. [RTF] [PDF]
- § 45-44. Mortgages held by insurance companies, banks, building and loan associations, or other lending institutions. [RTF] [PDF]
- § 45-45. Spouse of mortgagor included among those having right to redeem real property. [RTF] [PDF]
- § 45-45.1. Release of mortgagor by dealings between mortgagee and assuming grantee. [RTF] [PDF]
- § 45-45.2. Transfer taxes not applicable. [RTF] [PDF]
- § 45-67. Definition. [RTF] [PDF]
- § 45-68. Requirements. [RTF] [PDF]
- § 45-69. Fluctuation of obligations within maximum amount. [RTF] [PDF]
- § 45-70. Priority of security instrument. [RTF] [PDF]
- § 45-71. Satisfaction of the security instrument. [RTF] [PDF]
- § 45-72. Termination of future optional advances. [RTF] [PDF]
- § 45-73. Cancellation of record; presentation of notes described in security instrument sufficient. [RTF] [PDF]
- § 45-74. Article not exclusive. [RTF] [PDF]
- §§ 45-75 through 45-79. Reserved for future codification purposes. [RTF] [PDF]
- § 45-81. Definition. [RTF] [PDF]
- § 45-82. Priority of security instrument. [RTF] [PDF]
- § 45-82.1. Extension of period for advances. [RTF] [PDF]
- § 45-83. Future advances statute shall not apply. [RTF] [PDF]
- § 45-84. Article not exclusive. [RTF] [PDF]
- § 45-90. Definitions. [RTF] [PDF]
- § 45-91. Assessment of fees; processing of payments; publication of statements. [RTF] [PDF]
- § 45-92. (Effective April 1, 2008) Obligation of servicer to handle escrow funds. [RTF] [PDF]
- § 45-93. Borrower requests for information. [RTF] [PDF]
- § 45-94. Remedies. [RTF] [PDF]
- § 45-95. Severability. [RTF] [PDF]
- § 45-96: Reserved for future codification purposes. [RTF] [PDF]
- § 45-97: Reserved for future codification purposes. [RTF] [PDF]
- § 45-98: Reserved for future codification purposes. [RTF] [PDF]
- § 45-99: Reserved for future codification purposes. [RTF] [PDF]
- § 45-100. (For expiration date, see note) Title. [RTF] [PDF]
- § 45-101. (For expiration date, see note) Definitions. [RTF] [PDF]
- § 45-102. (For expiration date, see note) Pre-foreclosure notice for subprime loans. [RTF] [PDF]
- § 45-103. (For expiration date, see note) Pre-foreclosure information to be filed with the Administrative Office of the Courts for certain subprime loans. [RTF] [PDF]
- § 45-104. (For expiration date, see note) State Home Foreclosure Prevention Project. [RTF] [PDF]
- § 45-105. (For expiration date, see note) Extension of foreclosure process. [RTF] [PDF]
- § 45-106. (For expiration date, see note) Use and privacy of records. [RTF] [PDF]
- § 45-107. (For expiration date, see note) Foreclosure filing. [RTF] [PDF]
