2009 North Carolina Code
Chapter 45 - Mortgages and Deeds of Trust.

Article 1 - Chattel Securities.
• §§ 45-1 through 45-3.1. Repealed by Sessions Laws 1967, c. 562, s. 2.
Article 2 - Right to Foreclose or Sell under Power.
• § 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 Repealed by Session Laws 1973, c. 1208.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 Repealed by Session Laws 1981, c. 599, s. 12.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 Repealed by Session Laws 1981, c. 183, s. 2.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.
Article 2A - Sales under Power of Sale.
• § 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 Repealed by Session Laws 1993, c. 305, s. 2.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 Repealed by Session Laws 1967, c. 562, s. 2.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 Repealed by Session Laws 1967, c. 562, s. 2.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.
• § 45-21.16B. Suspension of foreclosure proceedings.
• § 45-21.16C. Opportunity for parties to resolve foreclosure of owner-occupied residential property.
• § 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.
Article 2B - Injunctions; Deficiency Judgments.
• § 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.
• § 45-21.38A. Deficiency judgments abolished where mortgage secured by primary residence.
• § 45-21.38B: Reserved for future codification purposes.
• § 45-21.38C. Severability.
Article 2C - Validating Sections; Limitation of Time for Attacking Certain Foreclosures.
• § 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.
Article 3 - Mortgage Sales.
• § 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.
Article 4 - Satisfaction.
• § 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.
Article 5 - Miscellaneous Provisions.
• § 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.
Article 6 - Uniform Trust Receipts Act.
• §§ 45-46 through 45-66: Repealed by Session Laws 1965, c. 700, s. 2.
Article 7 - Instruments to Secure Future Advances and Future Obligations.
• § 45-67. Definitions.
• § 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.
Article 8 - Instruments to Secure Certain Home Loans.
• § 45-80. Priority of security instruments securing certain home loans.
Article 9 - Instruments to Secure Equity Lines of Credit.
• § 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.
• § 45-85. Reserved for future codification purposes.
• § 45-86. Reserved for future codification purposes.
• § 45-87. Reserved for future codification purposes.
• § 45-88. Reserved for future codification purposes.
• § 45-89. Reserved for future codification purposes.
Article 10 - Mortgage Debt Collection and Servicing.
• § 45-90. Definitions.
• § 45-91. Assessment of fees; processing of payments; publication of statements.
• § 45-92. Obligation of servicer to handle escrow funds.
• § 45-93. Borrower requests for information.
• § 45-94. Remedies.
• § 45-95. Severability.
• § 45-96: Reserved for future codification purposes.
• § 45-97: Reserved for future codification purposes.
• § 45-98: Reserved for future codification purposes.
• § 45-99: Reserved for future codification purposes.
Article 11 - Emergency Program to Reduce Home Foreclosures.
• § 45-100. (For expiration date, see note) Title.
• § 45-101. (For expiration date, see note) Definitions.
• § 45-102. (For expiration date, see note) Pre-foreclosure notice for subprime loans.
• § 45-103. (For expiration date, see note) Pre-foreclosure information to be filed with the Administrative Office of the Courts for certain subprime loans.
• § 45-104. (For expiration date, see note) State Home Foreclosure Prevention Project.
• § 45-105. (For expiration date, see note) Extension of foreclosure process.
• § 45-106. (For expiration date, see note) Use and privacy of records.
• § 45-107. (For expiration date, see note) Foreclosure filing.