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This document contains the laws and regulations governing mortgages and deeds of trust in North Carolina, including provisions for foreclosure, trustee duties, and various related legal requirements.
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How to fill out nc general statutes
How to fill out NC General Statutes - Chapter 45
01
Obtain a copy of NC General Statutes - Chapter 45 from the official North Carolina General Assembly website or legal resource.
02
Read through the entire chapter to understand its structure and provisions.
03
Identify the specific sections that pertain to your needs, such as foreclosure, liens, and mortgage regulations.
04
Gather all necessary information and documents required for the sections you are filling out.
05
Follow the guidelines provided within the chapter for completing each section accurately.
06
Ensure all information is complete and correct before submission or use.
07
Consult with a legal professional if any part is unclear or requires further interpretation.
Who needs NC General Statutes - Chapter 45?
01
Real estate professionals who handle property transactions.
02
Homeowners facing foreclosure or issues related to mortgages.
03
Creditors seeking to enforce liens or collect debts.
04
Legal practitioners specializing in property law.
05
Individuals involved in disputes over real estate transactions.
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People Also Ask about
Who can be a trustee on a deed of trust in North Carolina?
Power of Sale contained in the NC form deed of trust allows streamlined quasi-judicial foreclosure process. Mortgages are allowed but will require judicial foreclosure. Any person or entity (other than minor) may be the trustee.
What is the redemption period for foreclosures in NC?
The owner/borrower has a 10-day right of redemption. During the 10-day period, the owner/borrower can pay what is owed to the lender plus any sale costs; this means the entire amount of the loan, not just the late payments.
What is the 120 day rule for foreclosure?
The rule says the first notice or first filing under a state's foreclosure law can't occur until you're more than 120 days delinquent. Your delinquency begins on the first day your mortgage payment is due and not paid.
What is the statute of limitations on foreclosure in NC?
§ 1-47(3) provides: “For the foreclosure of a mortgage, or deed of trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years
What is Article 2a in Chapter 45 of the NC General statutes?
(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.
Does NC have a redemption period after foreclosure?
Redeeming the Property Before or After the Sale Some states also provide foreclosed borrowers a redemption period after the foreclosure sale, during which they can buy back the home. North Carolina law provides an upset-bid period that lasts ten days after the report of sale is filed.
What is the timeline for foreclosure in NC?
In North Carolina, the foreclosure process typically takes around 120 days from the date the first payment is missed to when the property is sold at a foreclosure sale. The timeline may vary depending on several factors, including: The lender's policies and procedures.
What is the NC general statutes for injury to personal property?
Willful and wanton injury to personal property; punishments. (a) If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a Class 2 misdemeanor.
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What is NC General Statutes - Chapter 45?
NC General Statutes - Chapter 45 pertains to the real property law in North Carolina, specifically addressing matters related to the foreclosure of mortgages and the creation and enforcement of liens.
Who is required to file NC General Statutes - Chapter 45?
Typically, individuals or entities involved in the foreclosure process, such as lenders or creditors, are required to file under NC General Statutes - Chapter 45.
How to fill out NC General Statutes - Chapter 45?
To fill out documents under NC General Statutes - Chapter 45, one needs to provide necessary details about the mortgage, property, debtor, and the nature of the foreclosure or lien, ensuring compliance with state laws and regulations.
What is the purpose of NC General Statutes - Chapter 45?
The purpose of NC General Statutes - Chapter 45 is to regulate the foreclosure process and lien enforcement in North Carolina, providing a legal framework to protect the rights of both creditors and borrowers.
What information must be reported on NC General Statutes - Chapter 45?
Information that must be reported includes the names of the parties involved, legal descriptions of the property, details of the mortgage or lien, and any notices of default or other relevant legal documents.
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