§ 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 […]
§ 45-21.9A – 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 […]
§ 45-20.1 – Validation of trustees' deeds where seals omitted.
45-20.1. Validation of trustees’ deeds where seals omitted. All deeds executed prior to January 1, 1991, by any trustee or substitute trustee in the exercise of the power of sale vested in him under any deed, deed of trust, mortgage, will, or other instrument in which the trustee or substitute trustee has omitted to affix […]
§ 45-20.3 – Validation of deeds where seal omitted on power of attorney.
45-20.3. Validation of deeds where seal omitted on power of attorney. All deeds and other conveyances executed prior to January 1, 1991, by any attorney-in-fact in the exercise of a power of attorney are valid even though the signature of the principal was not affixed under seal on the instrument creating the power of attorney. […]
§ 45-21 – Validation of appointment of and conveyances to corporations as trustees.
45-21. Validation of appointment of and conveyances to corporations as trustees. In all deeds of trust made prior to March 15, 1941, wherein property has been conveyed to corporations as trustees to secure indebtedness, the appointment of said corporations as trustees, the conveyances to said corporate trustees, and the action taken under the powers of […]