§ 45-21.38A – Deficiency judgments abolished where mortgage secured by primary residence.
45-21.38A. Deficiency judgments abolished where mortgage secured by primary residence. (a) As used in this section, the term "nontraditional mortgage loan" means a loan in which all of the following apply: (1) The borrower is a natural person. (2) The debt is incurred by the borrower primarily for personal, family, or household purposes. (3) The […]
§ 45-21.38C – Severability.
45-21.38C. Severability. The provisions of this Article shall be severable, and if any phrase, clause, sentence, or provision is declared to be unconstitutional or otherwise invalid or is preempted by federal law or regulation, the validity of the remainder of this Article shall not be affected thereby. (2009-441, s. 2.)
§ 45-21.34 – Enjoining mortgage sales on equitable grounds.
45-21.34. Enjoining mortgage sales on equitable grounds. Any owner of real estate, or other person, firm or corporation having a legal or equitable interest therein, may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A […]
§ 45-21.35 – Ordering resales; receivers for property; tax payments.
45-21.35. Ordering resales; receivers for property; tax payments. The court or judge granting such order or injunction, or before whom the same is returnable, shall have the right before, but not after, the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A to order a resale by the mortgagee, […]
§ 45-21.36 – Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense.
45-21.36. Right of mortgagor to prove in deficiency suits reasonable value of property by way of defense. When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same, at which the mortgagee, payee or other holder of the obligation thereby secured becomes the purchaser and […]
§ 45-21.37 – Certain sections not applicable to tax suits.
45-21.37. Certain sections not applicable to tax suits. Sections 45-21.34 through 45-21.36 do not apply to tax foreclosure suits or tax sales. (1933, c. 275, s. 4; 1949, c. 720, s. 3.)
§ 45-21.38 – Deficiency judgments abolished where mortgage represents part of purchase price.
45-21.38. Deficiency judgments abolished where mortgage represents part of purchase price. In all sales of real property by mortgagees and/or trustees under powers of sale contained in any mortgage or deed of trust executed after February 6, 1933, or where judgment or decree is given for the foreclosure of any mortgage executed after February 6, […]