§ 45-21.32 – Special proceeding to determine ownership of surplus.
45-21.32. Special proceeding to determine ownership of surplus. (a) A special proceeding may be instituted before the clerk of the superior court by any person claiming any money, or part thereof, paid into the clerk’s office under G.S. 45-21.31, to determine who is entitled thereto. (b) All other persons who have filed with the clerk […]
§ 45-21.33 – Final report of sale of real property.
45-21.33. Final report of sale of real property. (a) A person who holds a sale of real property pursuant to a power of sale shall file with the clerk of the superior court of the county where the sale is held a final report and account of his receipts and disbursements within 30 days after […]
§ 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, […]
§ 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 […]