§ 45-21.23 – Time of sale.
45-21.23. Time of sale. A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place. The sale shall be held between the hours of […]
§ 45-21.24 – Continuance of uncompleted sale.
45-21.24. Continuance of uncompleted sale. A sale commenced but not completed within the time allowed by G.S. 45-21.23 shall be continued by the person holding the sale to a designated time between 10:00 o’clock A.M. and 4:00 o’clock P.M. the next following day, other than Sunday or a legal holiday when the courthouse is closed […]
§ 45-21.26 – Preliminary report of sale of real property.
45-21.26. Preliminary report of sale of real property. (a) The person exercising a power of sale of real property, shall, within five days after the date of the sale, file a report thereof with the clerk of the superior court of the county in which the sale was had. (b) The report shall be signed […]
§ 45-21.27 – Upset bid on real property; compliance bonds.
45-21.27. Upset bid on real property; compliance bonds. (a) An upset bid is an advanced, increased, or raised bid whereby any person offers to purchase real property theretofore sold, for an amount exceeding the reported sale price or last upset bid by a minimum of five percent (5%) thereof, but in any event with a […]
§ 45-21.29 – Orders for possession.
45-21.29. Orders for possession. (a) through (j) Repealed by Session Laws 1993, c. 305, s. 18. (k) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of application therefor, may be issued by the clerk of the […]
§ 45-21.16C – Opportunity for parties to resolve foreclosure of owner-occupied residential property.
45-21.16C. Opportunity for parties to resolve foreclosure of owner-occupied residential property. (a) At the commencement of the hearing, the clerk shall inquire as to whether the debtor occupies the real property at issue as his or her principal residence. If it appears that the debtor does currently occupy the property as a principal residence, the […]
§ 45-21.9A – Simultaneous foreclosure of two or more instruments.
45-21.9A. Simultaneous foreclosure of two or more instruments. When two or more mortgages or deeds of trust held by the same person are secured in whole or in part by the same property, and there are no intervening liens, except for ad valorem taxes, between such mortgages or deeds of trust, the obligations secured by […]
§ 45-21.10 – Requirement of cash deposit at sale.
45-21.10. Requirement of cash deposit at sale. (a) If a mortgage or deed of trust contains provisions with respect to a cash deposit at the sale, the terms of the instrument shall be complied with. (b) If the instrument contains no provision with respect to a cash deposit at the sale, the mortgagee or trustee […]
§ 45-21.11 – Application of statute of limitations to serial notes.
45-21.11. Application of statute of limitations to serial notes. When a series of notes maturing at different times is secured by a mortgage or deed of trust and the exercise of the power of sale for the satisfaction of one or more of the notes is barred by the statute of limitations, that fact does […]
§ 45-21.12 – Power of sale barred when foreclosure barred.
45-21.12. Power of sale barred when foreclosure barred. (a) Except as provided in subsection (b), no person shall exercise any power of sale contained in any mortgage or deed of trust, or provided by statute, when an action to foreclose the mortgage or deed of trust, is barred by the statute of limitations. (b) If […]