§ 45-21.14 – Clerk's authority to compel report or accounting; contempt proceeding.
45-21.14. Clerk’s authority to compel report or accounting; contempt proceeding. Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account, the clerk of the superior court having jurisdiction on his own motion or the motion of any interested party, may issue […]
§ 45-21.15 – Trustee's fees.
45-21.15. Trustee’s fees. (a) When a sale has been held, the trustee is entitled to such compensation, if any, as is stipulated in the instrument. (b) When no sale has actually been held, compensation for a trustee’s services is determined as follows: (1) If no compensation for the trustee’s services in holding a sale is […]
§ 45-21.16 – Notice and hearing.
45-21.16. Notice and hearing. (a) The mortgagee or trustee granted a power of sale under a mortgage or deed of trust who seeks to exercise such power of sale shall file with the clerk of court a notice of hearing in accordance with the terms of this section. After the notice of hearing is filed, […]
§ 45-21.16A – Contents of notice of sale.
45-21.16A. Contents of notice of sale. (a) Except as provided in subsection (b) of this section, the notice of sale shall include all of the following: (1) Describe the instrument pursuant to which the sale is held, by identifying the original mortgagors and recording data. If the record owner is different from the original mortgagors, […]
§ 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 […]
§ 45-21.2 – Article not applicable to foreclosure by court action.
45-21.2. Article not applicable to foreclosure by court action. This Article does not affect any right to foreclosure by action in court, and is not applicable to any such action. (1949, c. 720, s. 1.)
§ 45-21.4 – Place of sale of real property.
45-21.4. Place of sale of real property. (a) Every sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties. (b) A sale of a single tract of real property situated in two or more counties may […]
§ 45-21.7 – Sale of separate tracts in different counties.
45-21.7. Sale of separate tracts in different counties. (a) When the property to be sold consists of separate tracts of real property situated in different counties, there shall be a separate advertisement, sale and report of sale of the property in each county. The report of sale for the property in any one county shall […]
§ 45-21.8 – Sale as a whole or in parts.
45-21.8. Sale as a whole or in parts. (a) When the instrument pursuant to which a sale is to be held contains provisions with respect to whether the property therein described is to be sold as a whole or in parts, the terms of the instrument shall be complied with. (b) When the instrument contains […]
§ 45-21.9 – Amount to be sold when property sold in parts; sale of remainder if necessary.
45-21.9. Amount to be sold when property sold in parts; sale of remainder if necessary. (a) When a person exercising a power of sale sells property in parts pursuant to G.S. 45-21.8 he shall sell as many of such separately described units and parcels as in his judgment seems necessary to satisfy the obligation secured […]