§ 45-83 – Future advances statute shall not apply.
45-83. Future advances statute shall not apply. The provisions of Article 7 of this Chapter shall not apply to an equity line of credit or the equity line security instrument securing it, if the equity line security instrument shows on its face that it secures an equity line of credit governed by the provisions of […]
§ 45-84 – Article not exclusive.
45-84. Article not exclusive. Except as otherwise provided in G.S. 45-83, the provisions of this Article are not exclusive. Nothing in this Article shall invalidate or overrule any rule of validity or priority applicable to any mortgage, deed of trust, or other security instrument failing to comply with the provisions of this Article. (1985, c. […]
§ 45-90 – Definitions.
45-90. Definitions. As used in this Article, the following definitions apply: (1) Home loan. – A loan secured by real property located in this State used, or intended to be used, by an individual borrower or individual borrowers in this State as a dwelling, regardless of whether the loan is used to purchase the property […]
§ 45-91 – Assessment of fees; processing of payments; publication of statements.
45-91. Assessment of fees; processing of payments; publication of statements. A servicer must comply as to every home loan, regardless of whether the loan is considered in default or the borrower is in bankruptcy or the borrower has been in bankruptcy, with the following requirements: (1) Any fee that is incurred by a servicer shall […]
§ 45-92 – Obligation of servicer to handle escrow funds.
45-92. Obligation of servicer to handle escrow funds. Any servicer that exercises the authority to collect escrow amounts on a home loan held or to be held for the borrower for insurance, taxes, and other charges with respect to the property shall collect and make all payments from the escrow account, so as to ensure […]
§ 45-93 – Borrower requests for information.
45-93. Borrower requests for information. The servicer shall make reasonable attempts to comply with a borrower’s request for information about the home loan account and to respond to any dispute initiated by the borrower about the loan account, as provided in this section. The servicer shall maintain, until the home loan is paid in full, […]
§ 45-94 – Remedies.
45-94. Remedies. In addition to any equitable remedies and any other remedies at law, any borrower injured by any violation of this Article may bring an action for recovery of actual damages, including reasonable attorneys’ fees. The Commissioner of Banks, the Attorney General, or any party to a home loan may enforce the provisions of […]
§ 45-73 – Cancellation of record; presentation of notes described in security instrument sufficient.
45-73. Cancellation of record; presentation of notes described in security instrument sufficient. The provisions of G.S. 45-37 apply to discharge of record of instruments executed under this Article. (1969, c. 736, s. 1; 2011-246, s. 6.)
§ 45-74 – Article not exclusive.
45-74. Article not exclusive. The provisions of this Article shall not be deemed exclusive. Nothing in this Article shall invalidate or overrule any rule of validity or priority applicable to any security instrument failing to comply with the provisions of this Article. (1969, c. 736, s. 1; 2011-312, s. 19.)
§ 45-80 – Priority of security instruments securing certain home loans.
45-80. Priority of security instruments securing certain home loans. (a) Notwithstanding any other provision of law, a deed of trust or mortgage which secures a loan that complies with subsection (b) below shall have priority and continue to have priority from the time and date of registration thereof to the extent of all principal and […]