2009 North Carolina Code
Chapter 45 - Mortgages and Deeds of Trust.
§ 45-107. (For expiration date, see note) Foreclosure filing.
§ 45‑107. (For expiration date, see note) Foreclosure filing.
(a) For the duration of the program authorized by this Article, foreclosure notices filed on subprime loans on or after November 15, 2008, shall contain a certification by the filing party that the pre‑foreclosure notice required by G.S. 45‑102 and the pre‑foreclosure information required by G.S. 45‑103 were provided in accordance with this Article and that the periods of time established by the Article have elapsed.
(b) The clerk of superior court or other judicial officer may have access to the pre‑foreclosure database to confirm information provided in subsection (a) of this section. A materially inaccurate statement in the certification shall be cause for dismissal without prejudice of any foreclosure proceeding on a primary residence initiated by the mortgage servicer and for payment by the filing party of costs incurred by the borrower in defending the foreclosure proceeding. (2008‑226, s. 1.)
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