reglab/housing_qa huggingface dataset:
NC Gen Stat § 45-7 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-7 - Agent to sell under power may be appointed by parol.

 45-7. Agent to sell under power may be appointed by parol.All sales of real property, under a power of sale contained in any mortgage or deed of trust to secure the payment of money, by any mortgagee or trustee, through an agent or attorney for that purpose, appointed orally or in writing by such mortgagee or trustee, whether such writing has been or shall be registered or not, shall be valid, whether or not such mortgagee or trustee was or shall be present at such sale. (1895, c. 117; Rev., s. 1035; C.S., s. 2581; 1967, c. 562, s. 2.)
NC Gen Stat § 45-8 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-8 - Survivorship among donees of power of sale.

 45-8. Survivorship among donees of power of sale.In all mortgages and deeds of trust of real property wherein two or more persons, as trustees or otherwise, are given power to sell the property therein conveyed or embraced, and one or more of such persons dies, any one of the persons surviving having such power may make sale of such property in the manner directed in such deed, and execute such assurances of title as are proper and lawful under the power so given; and the act of such person, in pursuance of said power, shall be as valid and binding as if the same had been done by all the persons on whom the power was conferred. (1885, c. 327, s. 2; Rev., s. 1033; C.S., s. 2582; 1967, c. 562, s. 2.)
NC Gen Stat § 45-9 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-9 - Clerk appoints successor to incompetent trustee.

 45-9. Clerk appoints successor to incompetent trustee.When the sole or last surviving trustee named in a will or deed of trust dies, removes from the county where the will was probated or deed executed and/or recorded and from the State, or in any way becomes incompetent to execute the said trust, or is a nonresident of this State, or has disappeared from the community of his residence and his whereabouts remains unknown in such community for a period of three months and cannot, after diligent inquiry be ascertained, the clerk of the superior court of the county wherein the will was probated or deed of trust was executed and/or recorded is authorized and empowered, in proceedings to which all persons interested shall be made parties, to appoint some discreet and competent person to act as trustee and execute the trust according to its true intent and meaning, and as fully as if originally appointed: Provided, that in all actions or proceedings had under this section prior to January 1, 1900, before the clerks of the superior court in which any trustee was appointed to execute a deed of trust where any trustee of a deed of trust has died, removed from the county where the deed was executed and from the State, or in any way become incompetent to execute the said trust, whether such appointment of such trustee by order or decree, or otherwise, was made upon the application or petition of any person or persons ex parte, or whether made in proceedings where all the proper parties were made, are in all things confirmed and made valid so far as regards the parties to said actions and proceedings to the same extent as if all proper parties had originally been made in such actions or proceedings. (1869-70, c. 188; 1873-4, c. 126; Code, s. 1276; 1901, c. 576; Rev., s. 1037; C.S., s. 2583; 1933, c. 493.)
NC Gen Stat § 45-11 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-11 - Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.

 45-11. Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.When any person, firm, corporation, county, city or town holding a lien on real property upon which there is a subsequent or prior lien created by a mortgage, deed of trust or other instrument, the mortgagee or trustee therein named being dead or having otherwise become incompetent to act, files a written application with the clerk of the superior court of the county in which said property is located, setting forth the facts showing that said mortgagee or trustee is then dead or has become incompetent to act, the said clerk of the superior court, upon a proper finding of fact that said mortgagee or trustee is dead or has become incompetent to act, shall enter an order appointing some suitable and competent person, firm or corporation as substitute trustee upon whom service of process may be made, and said substitute trustee shall thereupon be vested with full power and authority to defend any action instituted to foreclose said property as fully as if he had been the original mortgagee or trustee named; but the substitute trustee shall have no power to cancel said mortgage or deed of trust without the joinder of the holder of the notes secured thereby. Said application shall not be made prior to the expiration of 30 days from the date the original mortgagee or trustee becomes incompetent to act. (1941, c. 115, s. 1; 1967, c. 562, s. 2.)
NC Gen Stat § 45-14 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-14 - Acts of trustee prior to removal not invalidated.

 45-14. Acts of trustee prior to removal not invalidated.If any such trustee who has been substituted as provided in G.S. 45-10 or in G.S. 45-11 shall have performed any functions as such trustee and shall thereafter be removed as provided in G.S. 45-10 to 45-17, such removal shall not invalidate or affect the validity of such acts insofar as any purchaser or third person shall be affected or interested, and any conveyances made by such trustee before removal if otherwise valid, shall be and remain valid and effectual to all intents and purposes, but if any trustee upon such hearing is declared to have been wrongfully removed, he shall have his right of action against the substituted trustee for any compensation that he would have received in case he had not been wrongfully removed from such trust. (1931, c. 78, s. 5; 1941, c. 115, s. 3.)
NC Gen Stat § 45-15 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-15 - Registration of substitution constructive notice.

 45-15. Registration of substitution constructive notice.The registration of such paper-writing designating a new trustee under G.S. 45-10 or under G.S. 45-11 shall be from and after registration, constructive notice to all persons, and no appeal or other proceedings shall be instituted to contest the same after one year from and after such registration. (1931, c. 78, s. 6; 1941, c. 115, s. 4.)
NC Gen Stat § 45-17 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-17 - Substitution made as often as justifiable.

 45-17. Substitution made as often as justifiable.The powers set out in G.S. 45-10 and in G.S. 45-11 may be exercised as often and as many times as the right to make such substitution may arise under the terms of such section, and all the privileges and requirements and rights to contest the same as set out in G.S. 45-10 to 45-17 shall apply to each deed of trust or mortgage and to each substitution. (1931, c. 78, s. 8; 1941, c. 115, s. 5.)
NC Gen Stat § 45-18 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-18 - Validation of certain acts of substituted trustees.

 45-18. Validation of certain acts of substituted trustees.Whenever before January 1, 1979, a trustee has been substituted in a deed of trust in the manner provided by G.S. 45-10 to 45-17, but the instrument executed by the holder and/or owners of all or a majority in amount of the indebtedness, notes, bonds, or other instruments secured by said deed of trust, has not been registered as provided by said sections until after the substitute trustee has exercised some or all of the powers conferred by said deed of trust upon the trustee therein, including the advertising of the property conveyed by said deed of trust for sale, the sale thereof, and the execution of a deed by such substituted trustee to the purchaser at such sale, all such acts of said substituted trustee shall be deemed valid and effective in the same manner and to the same extent as if said instrument substituting said trustee, had been registered prior to the performance by said substituted trustee of any one or more of said acts, or other acts authorized by such deed of trust. (1939, c. 13; 1963, c. 241; 1967, c. 945; 1969, c. 477; 1971, c. 57; 1973, c. 20; 1979, c. 580.)
NC Gen Stat § 45-19 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-19 - Mortgage to guardian; powers pass to succeeding guardian.

 45-19. Mortgage to guardian; powers pass to succeeding guardian.When a guardian to whom a mortgage has been executed dies or is removed or resigns before the payment of the debt secured in such mortgage, all the rights, powers and duties of such mortgagee shall devolve upon the succeeding guardian. (1905, c. 433; Rev., s. 1034; C.S., s. 2584.)
NC Gen Stat § 45-20 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-20 - Sales by mortgagees and trustees confirmed.

 45-20. Sales by mortgagees and trustees confirmed.All sales of real property made prior to February 10, 1905, by mortgagees and trustees under powers of sale contained in any mortgage or deed of trust in compliance with the powers, terms, conditions and advertisement set forth and required in any such mortgage or deed of trust, are hereby in all respects ratified and confirmed. (Ex. Sess. 1920, c. 27; C.S., s. 2584(a).)
NC Gen Stat § 45-20.1 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 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 his seal after his signature are validated. (1943, c. 71; 1981, c. 183, s. 1; 1983, c. 398, s. 1; 1985, c. 70, s. 1; 1987, c. 277, s. 1; 1989, c. 390, s. 1; 1991, c. 489, s. 1.)
NC Gen Stat § 45-20.3 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 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. (1991, c. 489, s. 1.1.)
NC Gen Stat § 45-21 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 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 such deeds of trust by said corporate trustees are hereby confirmed and validated to the same extent as if such corporate trustees had been individual trustees. (1941, c. 245, s. 1.)
NC Gen Stat § 45-21.01 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2 - Right to Foreclose or Sell under Power.|§ 45-21.01 - Foreclosure of deeds of trust and mortgages on property affected by boundary certification.

 45-21.01. Foreclosure of deeds of trust and mortgages on property affected by boundary certification.(a) Foreclosure actions initiated on real property encumbered by a security instrument recorded in South Carolina wherein the real property is situated, in whole or in part, within the certified North Carolina boundaries shall be governed by the terms of the security instrument sought to be enforced for that portion of real property recognized as being in a different state. If the security instrument contains a power of sale clause, the party seeking to enforce the terms of the security instrument may initiate a foreclosure action in the county where the real property is situated pursuant to this Chapter. A party seeking to enforce the terms of the security instrument may also resort to judicial foreclosure, pursuant to Article 29A of Chapter 1 of the General Statutes, in accordance with the terms within the security instrument. Judgments or orders of foreclosure entered by courts of this State are binding and effective only with respect to the portion of real property situated within this State. Prior to initiating an action to enforce a security instrument, the security instrument or a certified copy shall be recorded in the office of the register of deeds for the county where the subject property is situated. The provisions of G.S. 45-10(a) shall apply with regard to the appointment or substitution of a trustee for any mortgage or deed of trust foreclosed pursuant to this section.(b) Notwithstanding any other provision of law to the contrary, for mortgages foreclosed pursuant to subsection (a) of this section, a mortgagee or its successors or assigns shall be entitled to bid at a foreclosure sale conducted pursuant to a judgment or order of foreclosure entered by the courts of this State.  (2016-23, ss. 4(a), (b).)
NC Gen Stat § 45-21.1 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.1 - Definitions; construction.

 45-21.1. Definitions; construction.(a) The following definitions apply in this Article:(1) "Resale" means a resale of real property or a resale of any leasehold interest created by a lease of real property held pursuant to G.S. 45-21.30.(2) "Sale" means a sale of real property or a sale of any leasehold interest created by a lease of real property pursuant to (i) an express power of sale contained in a mortgage, deed of trust, leasehold mortgage, or leasehold deed of trust or (ii) a "power of sale", under this Article, authorized by other statutory provisions.(b) The following constructions apply in this Article:(1) The terms "mortgage" or "deed of trust" include leasehold mortgages or leasehold deeds of trust.(2) The terms "mortgagee" or "trustee" include any person or entity exercising a power of sale pursuant to this Article.(3) The terms "real property" or "property" include any leasehold interest created by a lease of real property. (1949, c. 720, s. 1; 1967, c. 562, s. 2; 1991, c. 255; 1993, c. 305, s. 1.)
NC Gen Stat § 45-21.2 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.2 - Article not applicable to foreclosure by court action.

 45-21.2. Article not applicable to foreclosure by court action.This Article does not affect any right to foreclosure by action in court, and is not applicable to any such action. (1949, c. 720, s. 1.)
NC Gen Stat § 45-21.4 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.4 - Place of sale of real property.

 45-21.4. Place of sale of real property.(a) Every sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties.(b) A sale of a single tract of real property situated in two or more counties may be held in any one of the counties in which any part of the tract is situated. As used in this section, a "single tract" means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons, or whether it may have been subdivided into other units or lots, or whether it is sold as a whole or in parts.(c) When a mortgage or deed of trust with power of sale of real property designates the place of sale within the county, the sale shall be held at the place so designated.(d) When a mortgage or deed of trust with power of sale of real property confers upon the mortgagee or trustee the right to designate the place of sale, the sale shall be held at the place designated by the notice of sale, which place shall be either on the premises to be sold or as follows:(1) Property situated wholly within a single county shall be sold at the courthouse door of the county in which the land is situated.(2) A single tract of property situated in two or more counties may be sold at the courthouse door of any one of the counties in which some part of the real property is situated.(e) When a mortgage or deed of trust with power of sale of real property does not designate, or confer upon the mortgagee or trustee the right to designate, the place of sale, or when it designates as the place of sale some county in which no part of the property is situated, such real property shall be sold as follows:(1) Property situated wholly within a single county shall be sold at the courthouse door of the county in which the land is situated.(2) A single tract of property situated in two or more counties may be sold at the courthouse door of any one of the counties in which some part of the real property is situated. (1949, c. 720, s. 1; 1975, c. 57, s. 1.)
NC Gen Stat § 45-21.7 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.7 - Sale of separate tracts in different counties.

 45-21.7. Sale of separate tracts in different counties.(a) When the property to be sold consists of separate tracts of real property situated in different counties, there shall be a separate advertisement, sale and report of sale of the property in each county. The report of sale for the property in any one county shall be filed with the clerk of the superior court of the county in which such property is situated. The sale of each such tract shall be subject to separate upset bids. The clerk of the superior court of the county where the property is situated has jurisdiction with respect to upset bids of property situated within his county. To the extent the clerk deems necessary, the sale of each separate tract within his county, with respect to which an upset bid is received, shall be treated as a separate sale for the purpose of determining the procedure applicable thereto.(b) The exercise of the power of sale with respect to a separate tract of property in one county does not extinguish or otherwise affect the right to exercise the power of sale with respect to tracts of property in another county to satisfy the obligation secured by the mortgage or deed of trust. (1949, c. 720, s. 1; 1993, c. 305, s. 3.)
NC Gen Stat § 45-21.8 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.8 - Sale as a whole or in parts.

 45-21.8. Sale as a whole or in parts.(a) When the instrument pursuant to which a sale is to be held contains provisions with respect to whether the property therein described is to be sold as a whole or in parts, the terms of the instrument shall be complied with.(b) When the instrument contains no provisions with respect to whether the property therein described is to be sold as a whole or in parts, the person exercising the power of sale may, in his discretion, subject to the provisions of G.S. 45-21.9, sell the property as a whole or in such parts or parcels thereof as are separately described in the instrument, or he may offer the property for sale by each method and sell the property by the method which produces the highest price.(b1) When real property is sold in parts, the sale of any such part is subject to a separate upset bid; and, to the extent the clerk of superior court having jurisdiction deems advisable, the sale of each such part shall thereafter be treated as a separate sale for the purpose of determining the procedure applicable thereto.(c) This section does not affect the equitable principle of marshaling assets. (1949, c. 720, s. 1; 1993, c. 305, s. 4.)
NC Gen Stat § 45-21.9 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.9 - Amount to be sold when property sold in parts; sale of remainder if necessary.

 45-21.9. Amount to be sold when property sold in parts; sale of remainder if necessary.(a) When a person exercising a power of sale sells property in parts pursuant to G.S. 45-21.8 he shall sell as many of such separately described units and parcels as in his judgment seems necessary to satisfy the obligation secured by the instrument pursuant to which the sale is being made, and the costs and expenses of the sale.(b) If the proceeds of a sale of only a part of the property are insufficient to satisfy the obligation secured by the instrument pursuant to which the sale is made and the costs and expenses of the sale, the person authorized to exercise the power of sale may readvertise the unsold property and may sell as many additional units or parcels thereof as in his judgment seems necessary to satisfy the remainder of the secured obligation and the costs and expenses of the sale. As to any such sale, it shall not be necessary to comply with the provisions of G.S. 45-21.16 but the requirements of G.S. 45-21.17 relating to notices of sale shall be complied with.(c) When the entire obligation has been satisfied by a sale of only a part of the property with respect to which a power of sale exists, the lien on the part of the property not so sold is discharged.(d) The fact that more property is sold than is necessary to satisfy the obligation secured by the instrument pursuant to which the power of sale is exercised does not affect the validity of the title of any purchaser of property at any such sale. (1949, c. 720, s. 1; 1975, c. 492, s. 15.)