§ 45-21.17 – Posting and publishing notice of sale of real property.
45-21.17. Posting and publishing notice of sale of real property. In addition to complying with such provisions with respect to posting or publishing notice of sale as are contained in the security instrument, (1) Notice of sale of real property shall a. Be posted, in the area designated by the clerk of superior court for […]
§ 45-21.17A – Requests for copies of notice.
45-21.17A. Requests for copies of notice. (a) Any person desiring a copy of any notice of sale may, at any time subsequent to the recordation of the security instrument and prior to the filing of notice of hearing provided for in G.S. 45-21.16, cause to be filed for record in the office of the register […]
§ 45-21.20 – Satisfaction of debt after publishing or posting notice, but before completion of sale.
45-21.20. Satisfaction of debt after publishing or posting notice, but before completion of sale. A power of sale is terminated if, prior to the time fixed for a sale, or prior to the expiration of the time for submitting any upset bid after a sale or resale has been held, payment is made or tendered […]
§ 45-21.21 – Postponement of sale; notice of cancellation.
45-21.21. Postponement of sale; notice of cancellation. (a) Any person exercising a power of sale may postpone the sale to a day certain not later than 90 days, exclusive of Sunday, after the original date for the sale – (1) When there are no bidders, or (2) When, in his judgment, the number of prospective […]
§ 45-21.22 – Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale.
45-21.22. Procedure upon dissolution of order restraining or enjoining sale, or upon debtor’s bankruptcy before completion of sale. (a) When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required notice of sale has been given, provide by order that the sale shall […]
§ 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 […]
§ 45-21.10 – 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 […]