There is a newer version of the North Carolina General Statutes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 Repealed by Session Laws 1973, c. 1208.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 Repealed by Session Laws 1981, c. 599, s. 12.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 Repealed by Session Laws 1981, c. 183, s. 2.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 Repealed by Session Laws 1993, c. 305, s. 2.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 Repealed by Session Laws 1967, c. 562, s. 2.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 Repealed by Session Laws 1967, c. 562, s. 2.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