Chapter 45

137 published sections.

Article 2 - Right to Foreclose or Sell under Power

N.C.G.S. § 45-4 — Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
N.C.G.S. § 45-5 — Foreclosures by representatives validated.
N.C.G.S. § 45-6 — Renunciation by representative; clerk appoints trustee.
N.C.G.S. § 45-7 — Agent to sell under power may be appointed by parol.
N.C.G.S. § 45-8 — Survivorship among donees of power of sale.
N.C.G.S. § 45-9 — Clerk appoints successor to incompetent trustee.
N.C.G.S. § 45-10 — Substitution of trustees in mortgages and deeds of trust.
N.C.G.S. § 45-11 — Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.
N.C.G.S. § 45-14 — Acts of trustee prior to removal not invalidated.
N.C.G.S. § 45-15 — Registration of substitution constructive notice.
N.C.G.S. § 45-17 — Substitution made as often as justifiable.
N.C.G.S. § 45-18 — Validation of certain acts of substituted trustees.
N.C.G.S. § 45-19 — Mortgage to guardian; powers pass to succeeding guardian.
N.C.G.S. § 45-20 — Sales by mortgagees and trustees confirmed.
N.C.G.S. § 45-20.1 — Validation of trustees' deeds where seals omitted.
N.C.G.S. § 45-20.3 — Validation of deeds where seal omitted on power of attorney.
N.C.G.S. § 45-21 — Validation of appointment of and conveyances to corporations as trustees.
N.C.G.S. § 45-21.01 — Foreclosure of deeds of trust and mortgages on property affected by boundary certification.

Article 2A - Sales Under Power of Sale

N.C.G.S. § 45-21.1 — Definitions; construction.
N.C.G.S. § 45-21.2 — Article not applicable to foreclosure by court action.
N.C.G.S. § 45-21.4 — Place of sale of real property.
N.C.G.S. § 45-21.7 — Sale of separate tracts in different counties.
N.C.G.S. § 45-21.8 — Sale as a whole or in parts.
N.C.G.S. § 45-21.9 — Amount to be sold when property sold in parts; sale of remainder if necessary.
N.C.G.S. § 45-21.9A — Simultaneous foreclosure of two or more instruments.
N.C.G.S. § 45-21.10 — Requirement of cash deposit at sale.
N.C.G.S. § 45-21.11 — Application of statute of limitations to serial notes.
N.C.G.S. § 45-21.12 — Power of sale barred when foreclosure barred.
N.C.G.S. § 45-21.12A — Power of sale barred during periods of military service.
N.C.G.S. § 45-21.14 — Clerk's authority to compel report or accounting; contempt proceeding.
N.C.G.S. § 45-21.15 — Trustee's fees.
N.C.G.S. § 45-21.16 — Notice and hearing.
N.C.G.S. § 45-21.16A — Contents of notice of sale.
N.C.G.S. § 45-21.16C — Opportunity for parties to resolve foreclosure of owner-occupied residential property.
N.C.G.S. § 45-21.17 — Posting and publishing notice of sale of real property.
N.C.G.S. § 45-21.17A — Requests for copies of notice.
N.C.G.S. § 45-21.20 — Satisfaction of debt after publishing or posting notice, but before completion of sale.
N.C.G.S. § 45-21.21 — Postponement of sale; notice of cancellation.
N.C.G.S. § 45-21.22 — Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale.
N.C.G.S. § 45-21.23 — Time of sale.
N.C.G.S. § 45-21.24 — Continuance of uncompleted sale.
N.C.G.S. § 45-21.25A — Bids placed remotely.
N.C.G.S. § 45-21.26 — Preliminary report of sale of real property.
N.C.G.S. § 45-21.27 — Upset bid on real property; compliance bonds.
N.C.G.S. § 45-21.29 — Orders for possession.
N.C.G.S. § 45-21.29A — No necessity for confirmation of sale.
N.C.G.S. § 45-21.30 — Failure of bidder to make cash deposit or to comply with bid; resale.
N.C.G.S. § 45-21.31 — Disposition of proceeds of sale; payment of surplus to clerk.
N.C.G.S. § 45-21.32 — Special proceeding to determine ownership of surplus.
N.C.G.S. § 45-21.33 — Final report of sale of real property.

Article 2B - Injunctions; Deficiency Judgments

N.C.G.S. § 45-21.34 — Enjoining mortgage sales on equitable grounds.
N.C.G.S. § 45-21.35 — Ordering resales; receivers for property; tax payments.
N.C.G.S. § 45-21.36 — Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense.
N.C.G.S. § 45-21.37 — Certain sections not applicable to tax suits.
N.C.G.S. § 45-21.38 — Deficiency judgments abolished where mortgage represents part of purchase price.
N.C.G.S. § 45-21.38A — Deficiency judgments abolished where mortgage secured by primary residence.
N.C.G.S. § 45-21.38C — Severability.

Article 2C - Validating Sections; Limitation of Time for Attacking Certain Foreclosures

N.C.G.S. § 45-21.39 — Limitation of time for attacking certain foreclosures on ground trustee was agent, etc., of owner of debt.
N.C.G.S. § 45-21.40 — Real property; validation of deeds made after expiration of statute of limitations where sales made prior thereto.
N.C.G.S. § 45-21.41 — Orders signed on days other than first and third Mondays validated; force and effect of deeds.
N.C.G.S. § 45-21.42 — Validation of deeds where no order or record of confirmation can be found.
N.C.G.S. § 45-21.43 — Validation of certain foreclosure sales.
N.C.G.S. § 45-21.44 — Validation of foreclosure sales when provisions of G.S. 45-21.17(2) not complied with.
N.C.G.S. § 45-21.45 — Validation of foreclosure sales where notice and hearing not provided.
N.C.G.S. § 45-21.46 — Validation of foreclosure sales where posting and publication not complied with.
N.C.G.S. § 45-21.47 — Validation of foreclosure sales when trustee is officer of owner of debt.
N.C.G.S. § 45-21.48 — Validation of certain foreclosure sales that did not comply with posting requirement.
N.C.G.S. § 45-21.49 — Validation of foreclosure sales when provisions of § 45-21.16A(a)(3) not complied with.

Article 4 - Satisfaction

N.C.G.S. § 45-36.2 — Obligation of good faith.
N.C.G.S. § 45-36.3 — Notification by mortgagee of satisfaction of provisions of deed of trust or mortgage, or other instrument; civil penalty.
N.C.G.S. § 45-36.4 — Definitions.
N.C.G.S. § 45-36.5 — Notification: manner of giving and effective date.
N.C.G.S. § 45-36.6 — Document of rescission: effect; liability for wrongful recording.
N.C.G.S. § 45-36.7 — Payoff and short-pay statements; request and content.
N.C.G.S. § 45-36.7A — Credit suspension directives.
N.C.G.S. § 45-36.8 — Understated payoff statement or short-pay statement: correction; effect.
N.C.G.S. § 45-36.9 — Secured creditor to submit satisfaction or release for recording; liability for failure.
N.C.G.S. § 45-36.10 — Content and effect of satisfaction.
N.C.G.S. § 45-36.11 — Satisfaction: form.
N.C.G.S. § 45-36.12 — Limitation of secured creditor's liability.
N.C.G.S. § 45-36.13 — Eligibility to serve as satisfaction agent.
N.C.G.S. § 45-36.14 — Affidavit of satisfaction: notification to secured creditor.
N.C.G.S. § 45-36.15 — Affidavit of satisfaction: authorization to submit for recording.
N.C.G.S. § 45-36.16 — Affidavit of satisfaction: content.
N.C.G.S. § 45-36.17 — Affidavit of satisfaction: form.
N.C.G.S. § 45-36.18 — Affidavit of satisfaction: effect.
N.C.G.S. § 45-36.19 — Liability of satisfaction agent.
N.C.G.S. § 45-36.20 — Trustee's satisfaction of deed of trust: content and effect.
N.C.G.S. § 45-36.21 — Trustee's satisfaction of deed of trust: form.
N.C.G.S. § 45-36.22 — Partial release: content and effect; form.
N.C.G.S. § 45-36.23 — Obligation release: content and effect.
N.C.G.S. § 45-36.24 — Expiration of lien of security instrument.
N.C.G.S. § 45-37 — Satisfaction of record of security instruments.
N.C.G.S. § 45-37.1 — Validation of certain entries of cancellation made by beneficiary or assignee instead of trustee.
N.C.G.S. § 45-37.2 — Indexing satisfactions and other documents relating to security instruments.
N.C.G.S. § 45-38 — Recording of foreclosure.
N.C.G.S. § 45-41 — Recorded deed of release of mortgagee's representative.
N.C.G.S. § 45-42 — Satisfaction of corporate mortgages by corporate officers.
N.C.G.S. § 45-42.1 — Corporate cancellation of lost mortgages by register of deeds.
N.C.G.S. § 45-42.3 — Automatic release of real property from ancillary security instruments.

Article 5 - Miscellaneous Provisions

N.C.G.S. § 45-43 — Real estate mortgage loans; commissions.
N.C.G.S. § 45-44 — Mortgages held by insurance companies, banks, building and loan associations, or other lending institutions.
N.C.G.S. § 45-45 — Spouse of mortgagor included among those having right to redeem real property.
N.C.G.S. § 45-45.1 — Release of mortgagor by dealings between mortgagee and assuming grantee.
N.C.G.S. § 45-45.2 — Transfer taxes not applicable.
N.C.G.S. § 45-45.3 — Trustee in a deed of trust.

Article 7 - Instruments to Secure Future Advances and Future Obligations

N.C.G.S. § 45-67 — Definitions.
N.C.G.S. § 45-68 — Requirements.
N.C.G.S. § 45-69 — Fluctuation of obligations within maximum amount.
N.C.G.S. § 45-70 — Priority of security instrument.
N.C.G.S. § 45-71 — Satisfaction of the security instrument.
N.C.G.S. § 45-72 — Termination of future optional advances.
N.C.G.S. § 45-73 — Cancellation of record; presentation of notes described in security instrument sufficient.
N.C.G.S. § 45-74 — Article not exclusive.

Article 8 - Instruments to Secure Certain Home Loans

N.C.G.S. § 45-80 — Priority of security instruments securing certain home loans.

Article 9 - Instruments to Secure Equity Lines of Credit

N.C.G.S. § 45-81 — Definitions.
N.C.G.S. § 45-82 — Priority of equity line security instrument.
N.C.G.S. § 45-82.1 — Extension of period for advances.
N.C.G.S. § 45-82.2 — Request to terminate an equity line of credit.
N.C.G.S. § 45-82.3 — Notice regarding future advances.
N.C.G.S. § 45-82.4 — Prepayment penalty.
N.C.G.S. § 45-83 — Future advances statute shall not apply.
N.C.G.S. § 45-84 — Article not exclusive.

Article 10 - Mortgage Debt Collection and Servicing

N.C.G.S. § 45-90 — Definitions.
N.C.G.S. § 45-91 — Assessment of fees; processing of payments; publication of statements.
N.C.G.S. § 45-92 — Obligation of servicer to handle escrow funds.
N.C.G.S. § 45-93 — Borrower requests for information.
N.C.G.S. § 45-94 — Remedies.
N.C.G.S. § 45-95 — Severability.

Article 11 - Emergency Program to Reduce Home Foreclosures

N.C.G.S. § 45-100 — Title.
N.C.G.S. § 45-101 — Definitions.
N.C.G.S. § 45-102 — Pre-foreclosure notice for home loans.
N.C.G.S. § 45-103 — Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.
N.C.G.S. § 45-104 — State Home Foreclosure Prevention Project and Fund.
N.C.G.S. § 45-105 — Extension of foreclosure process.
N.C.G.S. § 45-106 — Use and privacy of records.
N.C.G.S. § 45-107 — Foreclosure filing.