Chapter 45 - Mortgages and Deeds of Trust.

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Chapter 45
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Article 1 - Chattel Securities.
G.S. 45-1 through 45-3.1
§§ 45-1 through 45-3.1. Repealed by Sessions Laws 1967, c. 562, s. 2.
Article 2 - Right to Foreclose or Sell under Power.
G.S. 45-4
§ 45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
G.S. 45-5
§ 45-5. Foreclosures by representatives validated.
G.S. 45-6
§ 45-6. Renunciation by representative; clerk appoints trustee.
G.S. 45-7
§ 45-7. Agent to sell under power may be appointed by parol.
G.S. 45-8
§ 45-8. Survivorship among donees of power of sale.
G.S. 45-9
§ 45-9. Clerk appoints successor to incompetent trustee.
G.S. 45-10
§ 45-10. Substitution of trustees in mortgages and deeds of trust.
G.S. 45-11
§ 45-11. Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.
G.S. 45-12
§ 45-12. Repealed by Session Laws 1973, c. 1208.
G.S. 45-13
§ 45-13. Repealed by Session Laws 1981, c. 599, s. 12.
G.S. 45-14
§ 45-14. Acts of trustee prior to removal not invalidated.
G.S. 45-15
§ 45-15. Registration of substitution constructive notice.
G.S. 45-16
§ 45-16: Repealed by Session Laws 2012-18, s. 1.2, effective July 1, 2012.
G.S. 45-17
§ 45-17. Substitution made as often as justifiable.
G.S. 45-18
§ 45-18. Validation of certain acts of substituted trustees.
G.S. 45-19
§ 45-19. Mortgage to guardian; powers pass to succeeding guardian.
G.S. 45-20
§ 45-20. Sales by mortgagees and trustees confirmed.
G.S. 45-20.1
§ 45-20.1. Validation of trustees' deeds where seals omitted.
G.S. 45-20.2
§ 45-20.2. Repealed by Session Laws 1981, c. 183, s. 2.
G.S. 45-20.3
§ 45-20.3. Validation of deeds where seal omitted on power of attorney.
G.S. 45-21
§ 45-21. Validation of appointment of and conveyances to corporations as trustees.
G.S. 45-21.01
§ 45-21.01. Foreclosure of deeds of trust and mortgages on property affected by boundary certification.
Article 2A - Sales Under Power of Sale.
G.S. 45-21.1
§ 45-21.1. Definitions; construction.
G.S. 45-21.2
§ 45-21.2. Article not applicable to foreclosure by court action.
G.S. 45-21.3
§ 45-21.3. Repealed by Session Laws 1993, c. 305, s. 2.
G.S. 45-21.4
§ 45-21.4. Place of sale of real property.
Modified by:
G.S. 45-21.5 through 45-21.6
§§ 45-21.5 through 45-21.6. Repealed by Session Laws 1967, c. 562, s. 2.
G.S. 45-21.7
§ 45-21.7. Sale of separate tracts in different counties.
G.S. 45-21.8
§ 45-21.8. Sale as a whole or in parts.
G.S. 45-21.9
§ 45-21.9. Amount to be sold when property sold in parts; sale of remainder if necessary.
G.S. 45-21.9A
§ 45-21.9A. Simultaneous foreclosure of two or more instruments.
G.S. 45-21.10
§ 45-21.10. Requirement of cash deposit at sale.
G.S. 45-21.11
§ 45-21.11. Application of statute of limitations to serial notes.
G.S. 45-21.12
§ 45-21.12. Power of sale barred when foreclosure barred.
G.S. 45-21.12A
§ 45-21.12A. Power of sale barred during periods of military service.
G.S. 45-21.13
§ 45-21.13. Repealed by Session Laws 1967, c. 562, s. 2.
G.S. 45-21.14
§ 45-21.14. Clerk's authority to compel report or accounting; contempt proceeding.
G.S. 45-21.15
§ 45-21.15. Trustee's fees.
G.S. 45-21.16
§ 45-21.16. Notice and hearing.
G.S. 45-21.16A
§ 45-21.16A. Contents of notice of sale.
G.S. 45-21.16B
§ 45-21.16B: Repealed by Session Laws 2013-412, s. 7, effective August 23, 2013.
G.S. 45-21.16C
§ 45-21.16C. Opportunity for parties to resolve foreclosure of owner-occupied residential property.
G.S. 45-21.17
§ 45-21.17. Posting and publishing notice of sale of real property.
G.S. 45-21.17A
§ 45-21.17A. Requests for copies of notice.
G.S. 45-21.18 through 45-21.19
§§ 45-21.18 through 45-21.19. Repealed by Session Laws 1967, c. 562, s. 2.
G.S. 45-21.20
§ 45-21.20. Satisfaction of debt after publishing or posting notice, but before completion of sale.
G.S. 45-21.21
§ 45-21.21. Postponement of sale; notice of cancellation.
G.S. 45-21.22
§ 45-21.22. Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale.
G.S. 45-21.23
§ 45-21.23. Time of sale.
Modified by:
G.S. 45-21.24
§ 45-21.24. Continuance of uncompleted sale.
G.S. 45-21.25
§ 45-21.25. Repealed by Session Laws 1967, c. 562, s. 2.
G.S. 45-21.25A
§ 45-21.25A. Bids placed remotely.
Modified by:
G.S. 45-21.26
§ 45-21.26. Preliminary report of sale of real property.
G.S. 45-21.27
§ 45-21.27. Upset bid on real property; compliance bonds.
G.S. 45-21.28
§ 45-21.28: Repealed by Session Laws 1993, c. 305, s. 17.
G.S. 45-21.29
§ 45-21.29. Orders for possession.
G.S. 45-21.29A
§ 45-21.29A. No necessity for confirmation of sale.
G.S. 45-21.30
§ 45-21.30. Failure of bidder to make cash deposit or to comply with bid; resale.
G.S. 45-21.31
§ 45-21.31. Disposition of proceeds of sale; payment of surplus to clerk.
Modified by:
G.S. 45-21.32
§ 45-21.32. Special proceeding to determine ownership of surplus.
G.S. 45-21.33
§ 45-21.33. Final report of sale of real property.
G.S. 45-21.33A
§ 45-21.33A. Repealed by Session Laws 2019-53, s. 2, effective October 1, 2019, and applicable to petitions filed on or after that date.
Article 2B - Injunctions; Deficiency Judgments.
G.S. 45-21.34
§ 45-21.34. Enjoining mortgage sales on equitable grounds.
G.S. 45-21.35
§ 45-21.35. Ordering resales; receivers for property; tax payments.
G.S. 45-21.36
§ 45-21.36. Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense.
G.S. 45-21.37
§ 45-21.37. Certain sections not applicable to tax suits.
G.S. 45-21.38
§ 45-21.38. Deficiency judgments abolished where mortgage represents part of purchase price.
G.S. 45-21.38A
§ 45-21.38A. Deficiency judgments abolished where mortgage secured by primary residence.
G.S. 45-21.38B
§ 45-21.38B: Reserved for future codification purposes.
G.S. 45-21.38C
§ 45-21.38C. Severability.
Article 2C - Validating Sections; Limitation of Time for Attacking Certain Foreclosures.
G.S. 45-21.39
§ 45-21.39. Limitation of time for attacking certain foreclosures on ground trustee was agent, etc., of owner of debt.
G.S. 45-21.40
§ 45-21.40. Real property; validation of deeds made after expiration of statute of limitations where sales made prior thereto.
G.S. 45-21.41
§ 45-21.41. Orders signed on days other than first and third Mondays validated; force and effect of deeds.
G.S. 45-21.42
§ 45-21.42. Validation of deeds where no order or record of confirmation can be found.
G.S. 45-21.43
§ 45-21.43. Validation of certain foreclosure sales.
G.S. 45-21.44
§ 45-21.44. Validation of foreclosure sales when provisions of G.S. 45-21.17(2) not complied with.
G.S. 45-21.45
§ 45-21.45. Validation of foreclosure sales where notice and hearing not provided.
G.S. 45-21.46
§ 45-21.46. Validation of foreclosure sales where posting and publication not complied with.
G.S. 45-21.47
§ 45-21.47. Validation of foreclosure sales when trustee is officer of owner of debt.
G.S. 45-21.48
§ 45-21.48. Validation of certain foreclosure sales that did not comply with posting requirement.
G.S. 45-21.49
§ 45-21.49. Validation of foreclosure sales when provisions of § 45-21.16A(a)(3) not complied with.
Article 3 - Mortgage Sales.
G.S. 45-22
§ 45-22: Transferred to G.S. 45-21.39 by Session Laws 1949, c. 720, s. 4.
G.S. 45-23 through 45-26
§§ 45-23 through 45-26. Repealed by Session Laws 1949, c. 720, s. 5.
G.S. 45-26.1
§ 45-26.1. Transferred to G.S. 45-21.40 by Session Laws 1949, c. 720, s. 4.
G.S. 45-27 through 45-30
§§ 45-27 through 45-30. Repealed by Session Laws 1949, c. 720, s. 5.
G.S. 45-31
§ 45-31. Transferred to G.S. 45-21.41 by Session Laws 1949, c. 720, s. 4.
G.S. 45-32 through 45-36
§§ 45-32 through 45-36. Transferred to G.S. 45-21.34 to 45-21.38 by Session Laws 1949, c. 720, s. 3.
G.S. 45-36.1
§ 45-36.1. Transferred to G.S. 45-21.42 by Session Laws 1949, c. 720, s. 4.
Article 4 - Satisfaction.
G.S. 45-36.2
§ 45-36.2. Obligation of good faith.
G.S. 45-36.3
§ 45-36.3. Notification by mortgagee of satisfaction of provisions of deed of trust or mortgage, or other instrument; civil penalty.
G.S. 45-36.4
§ 45-36.4. Definitions.
G.S. 45-36.5
§ 45-36.5. Notification: manner of giving and effective date.
G.S. 45-36.6
§ 45-36.6. Document of rescission: effect; liability for wrongful recording.
G.S. 45-36.7
§ 45-36.7. Payoff and short-pay statements; request and content.
G.S. 45-36.7A
§ 45-36.7A. Credit suspension directives.
G.S. 45-36.8
§ 45-36.8. Understated payoff statement or short-pay statement: correction; effect.
G.S. 45-36.9
§ 45-36.9. Secured creditor to submit satisfaction or release for recording; liability for failure.
G.S. 45-36.10
§ 45-36.10. Content and effect of satisfaction.
G.S. 45-36.11
§ 45-36.11. Satisfaction: form.
G.S. 45-36.12
§ 45-36.12. Limitation of secured creditor's liability.
G.S. 45-36.13
§ 45-36.13. Eligibility to serve as satisfaction agent.
G.S. 45-36.14
§ 45-36.14. Affidavit of satisfaction: notification to secured creditor.
G.S. 45-36.15
§ 45-36.15. Affidavit of satisfaction: authorization to submit for recording.
G.S. 45-36.16
§ 45-36.16. Affidavit of satisfaction: content.
G.S. 45-36.17
§ 45-36.17. Affidavit of satisfaction: form.
G.S. 45-36.18
§ 45-36.18. Affidavit of satisfaction: effect.
G.S. 45-36.19
§ 45-36.19. Liability of satisfaction agent.
G.S. 45-36.20
§ 45-36.20. Trustee's satisfaction of deed of trust: content and effect.
G.S. 45-36.21
§ 45-36.21. Trustee's satisfaction of deed of trust: form.
G.S. 45-36.22
§ 45-36.22. Partial release: content and effect; form.
G.S. 45-36.23
§ 45-36.23. Obligation release: content and effect.
G.S. 45-36.24
§ 45-36.24. Expiration of lien of security instrument.
G.S. 45-37
§ 45-37. Satisfaction of record of security instruments.
G.S. 45-37.1
§ 45-37.1. Validation of certain entries of cancellation made by beneficiary or assignee instead of trustee.
G.S. 45-37.2
§ 45-37.2. Indexing satisfactions and other documents relating to security instruments.
G.S. 45-38
§ 45-38. Recording of foreclosure.
G.S. 45-39
§ 45-39: Repealed by Session Laws 1949, c. 720, s. 5.
G.S. 45-40
§ 45-40: Repealed by Session Laws 2005-123, s. 1, effective October 1, 2005.
G.S. 45-41
§ 45-41. Recorded deed of release of mortgagee's representative.
G.S. 45-42
§ 45-42. Satisfaction of corporate mortgages by corporate officers.
G.S. 45-42.1
§ 45-42.1. Corporate cancellation of lost mortgages by register of deeds.
G.S. 45-42.2
§ 45-42.2: Reserved for future codification purposes.
G.S. 45-42.3
§ 45-42.3. Automatic release of real property from ancillary security instruments.
Article 5 - Miscellaneous Provisions.
G.S. 45-43
§ 45-43. Real estate mortgage loans; commissions.
G.S. 45-43.1 through 45-43.5
§§ 45-43.1 through 45-43.5. Repealed by Session Laws 1971, c. 1229, s. 1.
G.S. 45-44
§ 45-44. Mortgages held by insurance companies, banks, building and loan associations, or other lending institutions.
G.S. 45-45
§ 45-45. Spouse of mortgagor included among those having right to redeem real property.
G.S. 45-45.1
§ 45-45.1. Release of mortgagor by dealings between mortgagee and assuming grantee.
G.S. 45-45.2
§ 45-45.2. Transfer taxes not applicable.
G.S. 45-45.3
§ 45-45.3. Trustee in a deed of trust.
Article 6 - Uniform Trust Receipts Act.
G.S. 45-46 through 45-66
§§ 45-46 through 45-66: Repealed by Session Laws 1965, c. 700, s. 2.
Article 7 - Instruments to Secure Future Advances and Future Obligations.
G.S. 45-67
§ 45-67. Definitions.
G.S. 45-68
§ 45-68. Requirements.
G.S. 45-69
§ 45-69. Fluctuation of obligations within maximum amount.
G.S. 45-70
§ 45-70. Priority of security instrument.
G.S. 45-71
§ 45-71. Satisfaction of the security instrument.
G.S. 45-72
§ 45-72. Termination of future optional advances.
G.S. 45-73
§ 45-73. Cancellation of record; presentation of notes described in security instrument sufficient.
G.S. 45-74
§ 45-74. Article not exclusive.
G.S. 45-75 through 45-79
§§ 45-75 through 45-79. Reserved for future codification purposes.
Article 8 - Instruments to Secure Certain Home Loans.
G.S. 45-80
§ 45-80. Priority of security instruments securing certain home loans.
Article 9 - Instruments to Secure Equity Lines of Credit.
G.S. 45-81
§ 45-81. Definitions.
G.S. 45-82
§ 45-82. Priority of equity line security instrument.
G.S. 45-82.1
§ 45-82.1. Extension of period for advances.
G.S. 45-82.2
§ 45-82.2. Request to terminate an equity line of credit.
G.S. 45-82.3
§ 45-82.3. Notice regarding future advances.
G.S. 45-82.4
§ 45-82.4. Prepayment penalty.
G.S. 45-83
§ 45-83. Future advances statute shall not apply.
G.S. 45-84
§ 45-84. Article not exclusive.
Article 10 - Mortgage Debt Collection and Servicing.
G.S. 45-90
§ 45-90. Definitions.
G.S. 45-91
§ 45-91. Assessment of fees; processing of payments; publication of statements.
G.S. 45-92
§ 45-92. Obligation of servicer to handle escrow funds.
G.S. 45-93
§ 45-93. Borrower requests for information.
G.S. 45-94
§ 45-94. Remedies.
G.S. 45-95
§ 45-95. Severability.
Article 11 - Emergency Program to Reduce Home Foreclosures.
G.S. 45-100
§ 45-100. Title.
G.S. 45-101
§ 45-101. Definitions.
G.S. 45-102
§ 45-102. Pre-foreclosure notice for home loans.
G.S. 45-103
§ 45-103. Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.
G.S. 45-104
§ 45-104. State Home Foreclosure Prevention Project and Fund.
Modified by:
G.S. 45-105
§ 45-105. Extension of foreclosure process.
G.S. 45-106
§ 45-106. Use and privacy of records.
G.S. 45-107
§ 45-107. Foreclosure filing.