reglab/housing_qa huggingface dataset:
NC Gen Stat § 45-21.9A (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 such mortgages or deeds of trust may be combined and the property sold once to satisfy the combined obligations if (i) powers of sale are provided in all such instruments; (ii) there is no provision in any such instrument which would not permit such a procedure; (iii) all the terms of all such instruments requiring compliance by the lender in connection with foreclosure sales are complied with; and (iv) all requirements of this Chapter governing power of sale foreclosures are met with respect to all such instruments. The proceeds of any sale shall be applied as provided in this Chapter. As between the combined obligations being foreclosed, proceeds shall be applied in the order of priority of the instruments securing them, and any deficiencies shall be determined accordingly. (1985, c. 515, s. 1; 1993, c. 305, s. 5.)
NC Gen Stat § 45-21.10 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 may require the highest bidder immediately to make a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00).(c) If the highest bidder fails to make the required deposit, the person holding the sale may at the same time and place immediately reoffer the property for sale. (1949, c. 720, s. 1; 1993, c. 305, s. 6.)
NC Gen Stat § 45-21.11 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 not bar the exercise of the power of sale for the satisfaction of indebtedness represented by other notes of the series not so barred. (1949, c. 720, s. 1; 1967, c. 562, s. 2.)
NC Gen Stat § 45-21.12 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 a sale pursuant to a power of sale contained in a mortgage or deed of trust, or provided by statute, is commenced within the time allowed by the statute of limitations to foreclose such mortgage or deed of trust, the sale may be completed although such completion is effected after the time when commencement of an action to foreclose would be barred by the statute. For the purpose of this section, a sale is commenced when the notice of hearing or the notice of sale is first filed, given, served, posted, or published, whichever occurs first, as provided by this Article or by the terms of the instrument pursuant to which the power of sale is being exercised. (1949, c. 720, s. 1; 1967, c. 562, s. 2; 1969, c. 984, s. 1; 1977, c. 359, s. 1.)
NC Gen Stat § 45-21.14 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 an order directing such person to file a correct and complete report or account within 20 days after service of the order on him. If such person fails to comply with the order, the clerk may issue an attachment against him for contempt, and may commit him to jail until he files such correct and complete report or account. (1949, c. 720, s. 1.)
NC Gen Stat § 45-21.15 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 provided for in the instrument, the trustee is not entitled to any compensation;(2) If compensation is specifically provided for the trustee's services when no sale is actually held, the trustee is entitled to such compensation;(3) If the instrument provides for compensation for the trustee's services in actually holding a sale, but does not provide compensation for the trustee's services when no sale is actually held, the trustee is entitled to compensation as follows: (i) one-fourth of the completed sale compensation before the trustee files the notice of hearing; (ii) one-half after the filing of the notice of hearing; and (iii) three-fourths after the hearing.(4) Repealed by Session Laws 1993, c. 305, s. 7. (1949, c. 720, s. 1; 1993, c. 305, s. 7.)
NC Gen Stat § 45-21.16C (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 clerk shall further inquire as to the efforts the mortgagee, trustee, or loan servicer has made to communicate with the debtor and to attempt to resolve the matter voluntarily before the foreclosure proceeding. The clerk's inquiry shall not be required if the mortgagee or trustee has submitted, at or before the hearing, an affidavit briefly describing any efforts that have been made to resolve the default with the debtor and the results of any such efforts.(b) The clerk shall order the hearing continued if the clerk finds that there is good cause to believe that additional time or additional measures have a reasonable likelihood of resolving the delinquency without foreclosure. In determining whether to continue the hearing, the clerk may consider (i) whether the mortgagee, trustee, or loan servicer has offered the debtor an opportunity to resolve the foreclosure through forbearance, loan modification, or other commonly accepted resolution plan appropriate under the circumstances, (ii) whether the mortgagee, trustee, or loan servicer has engaged in actual responsive communication with the debtor, including telephone conferences or in-person meetings with the debtor or other actual two-party communications, (iii) whether the debtor has indicated that he or she has the intent and ability to resolve the delinquency by making future payments under a foreclosure resolution plan, and (iv) whether the initiation or continuance of good faith voluntary resolution efforts between the parties may resolve the matter without a foreclosure sale. Where good cause exists to continue the hearing, the clerk shall order the hearing continued to a date and time certain not more than 60 days from the date scheduled for the original hearing. Nothing in this part shall limit the authority of the clerk to continue a hearing for other good cause shown.  (2009-573, s. 3.)
NC Gen Stat § 45-21.20 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 of -(1) The obligation secured by the mortgage or deed of trust, and(2) The expenses incurred with respect to the sale or proposed sale, which in the case of a deed of trust also include compensation for the trustee's services under the conditions set forth in G.S. 45-21.15. (1949, c. 720, s. 1; 1967, c. 562, s. 2.)
NC Gen Stat § 45-21.22 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 be held without additional notice at the time and place originally fixed therefor, or he may, in his discretion, make an order with respect thereto as provided in subsection (b).(b) When, after the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he shall by order fix the time and place for the sale to be held upon notice to be given in such manner and for such length of time as he deems advisable.(c) When, after the entry of any authorization or order by the clerk of superior court pursuant to G.S. 45-21.16 and before the expiration of the 10-day upset bid period, the foreclosure sale is stayed pursuant to 11 U.S.C. 105 or 362, and thereafter the stay is lifted, terminated, or dissolved, the trustee or mortgagee shall not be required to comply with the provisions of G.S. 45-21.16, but shall advertise and hold the sale in accordance with the provisions of G.S. 45-21.16A, 45-21.17, and 45-21.17A.(d) In the event that completion of the foreclosure sale is stayed pursuant to 11 U.S.C. 105 or 362, before the expiration of the 10-day upset bid period:(1) The clerk of superior court who received a deposit from an upset bidder shall release any deposits held on behalf of the upset bidder to the upset bidder upon receipt of a certified copy of an order or notice from the bankruptcy court indicating that the debtor has filed a bankruptcy petition; or(2) The trustee or mortgagee who received a cash deposit from the high bidder at the foreclosure sale, upon notification of the bankruptcy stay, shall release any deposits held on behalf of the high bidder to the high bidder.  (1949, c. 720, s. 1; 1993, c. 305, s. 13; 2011-204, s. 1.)
NC Gen Stat § 45-21.23 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 10:00 A.M. and 4:00 P.M. on any day when the clerk's office is normally open for transactions.  (1949, c. 720, s. 1; 1993, c. 305, s. 14; 2003-337, s. 4; 2019-243, s. 26(b).)
NC Gen Stat § 45-21.24 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 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 for transactions. In case such continuance becomes necessary, the person holding the sale shall publicly announce the time to which the sale is continued. (1949, c. 720, s. 1; 1993, c. 305, s. 15; 2003-337, s. 5.)
NC Gen Stat § 45-21.26 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.26 - Preliminary report of sale of real property.

 45-21.26. Preliminary report of sale of real property.(a) The person exercising a power of sale of real property, shall, within five days after the date of the sale, file a report thereof with the clerk of the superior court of the county in which the sale was had.(b) The report shall be signed by the person authorized to hold the sale, or by his agent or attorney, and shall show -(1) The authority under which the person making the sale acted;(2) The name of the mortgagor or grantor;(3) The name of the mortgagee or trustee;(4) The date, time and place of the sale;(5) A reference to the book and page in the office of the register of deeds, where the instrument is recorded or, if not recorded, a description of the property sold, sufficient to identify it, and, if sold in parts, a description of each part so sold;(6) The name or names of the person or persons to whom the property was sold;(7) The price at which the property, or each part thereof, was sold, and that such price was the highest bid therefor;(8) The name of the person making the report; and(9) The date of the report. (1949, c. 720, s. 1; 1951, c. 252, s. 2.)
NC Gen Stat § 45-21.29 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.29 - Orders for possession.

 45-21.29. Orders for possession.(a) through (j) Repealed by Session Laws 1993, c. 305, s. 18.(k) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of application therefor, may be issued by the clerk of the superior court of the county in which the property is sold if all of the following apply:(1) The property has been sold in the exercise of the power of sale contained in any mortgage, deed of trust, leasehold mortgage, leasehold deed of trust, or a power of sale authorized by any other statutory provisions.(2) Repealed by Session Laws 1993, c. 305, s. 18.(2a) The provisions of this Article have been complied with.(3) The sale has been consummated, and the purchase price has been paid.(4) The purchaser has acquired title to and is entitled to possession of the real property sold.(5) Ten days' notice has been given to the party or parties who remain in possession at the time application is made, or, in the case of residential property containing 15 or more rental units, 30 days' notice has been given to the party or parties who remain in possession at the time the application is made.(5a) Repealed by Session Laws 2019-243, s. 26(c), effective November 6, 2019.(6) Application is made by petition to the clerk by the mortgagee, the trustee, the purchaser of the property, or any authorized representative of the mortgagee, trustee, or purchaser of the property.(l) An order for possession issued pursuant to G.S. 45-21.29(k) shall be directed to the sheriff and shall authorize the sheriff to remove all occupants and their personal property from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. The purchaser shall have the same rights and remedies in connection with the execution of an order for possession and the disposition of personal property following execution as are provided to a landlord under North Carolina law, including Chapters 42 and 44A of the General Statutes.(m) When the real property sold is situated in more than one county, the provisions of subsection (l) of this section shall be complied with in each county in which any part of the property is situated.  (1949, c. 720, s. 1; 1951, c. 252, s. 3; 1965, c. 299; 1967, c. 979, s. 3; 1975, c. 492, ss. 7-9; 1987, c. 627, s. 3; 1993, c. 305, s. 18; 2007-353, s. 4; 2015-178, s. 2(a); 2019-53, s. 1; 2019-243, s. 26(c).)
NC Gen Stat § 45-21.29A (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.29A - No necessity for confirmation of sale.

 45-21.29A. No necessity for confirmation of sale.No confirmation of sales or resales of real property made pursuant to this Article shall be required. If an upset bid is not filed following a sale, resale, or prior upset bid within the period specified in this Article, the rights of the parties to the sale or resale become fixed. (1967, c. 979, s. 3; 1993, c. 305, s. 19.)
NC Gen Stat § 45-21.30 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.30 - Failure of bidder to make cash deposit or to comply with bid; resale.

 45-21.30. Failure of bidder to make cash deposit or to comply with bid; resale.(a) If the terms of a sale of real property require the highest bidder to make a cash deposit at the sale, and he fails to make such required deposit, the person holding the sale shall at the same time and place again offer the property for sale.(b) Repealed by Session Laws 1967, c. 562, s. 2.(c) When the highest bidder at a sale or resale or any upset bidder fails to comply with his bid upon tender to him of a deed for the real property or after a bona fide attempt to tender such a deed, the clerk of superior court may, upon motion, enter an order authorizing a resale of the real property. The procedure for such resale shall be the same in every respect as is provided by this Article in the case of an original sale of real property except that the provisions of G.S. 45-21.16 are not applicable to the resale.(d) A defaulting bidder at any sale or resale or any defaulting upset bidder is liable on his bid, and in case a resale is had because of such default, he shall remain liable to the extent that the final sale price is less than his bid plus all the costs of the resale. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under this section.(e) Nothing in this section deprives any person of any other remedy against the defaulting bidder. (1949, c. 720, s. 1; 1967, c. 562, s. 2; 1975, c. 492, s. 10; 1977, c. 359, s, 15; 1993, c. 305, s. 20.)
NC Gen Stat § 45-21.32 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.32 - Special proceeding to determine ownership of surplus.

 45-21.32. Special proceeding to determine ownership of surplus.(a) A special proceeding may be instituted before the clerk of the superior court by any person claiming any money, or part thereof, paid into the clerk's office under G.S. 45-21.31, to determine who is entitled thereto.(b) All other persons who have filed with the clerk notice of their claim to the money or any part thereof, or who, as far as the petitioner or petitioners know, assert any claim to the money or any part thereof, shall be made defendants in the proceeding.(c) If any answer is filed raising issues of fact as to the ownership of the money, the proceeding shall be transferred to the civil issue docket of the superior court for trial. When a proceeding is so transferred, the clerk may require any party to the proceeding who asserts a claim to the fund by petition or answer to furnish a bond for costs in the amount of two hundred dollars ($200.00) or otherwise comply with the provisions of G.S. 1-109.(d) The court may, in its discretion, allow a reasonable attorney's fee for any attorney appearing in behalf of the party or parties who prevail, to be paid out of the funds in controversy, and shall tax all costs against the losing party or parties who asserted a claim to the fund by petition or answer. (1949, c. 720, s. 1.)
NC Gen Stat § 45-21.33 (2021)
2021 North Carolina General Statutes|Chapter 45 - Mortgages and Deeds of Trust|Article 2A - Sales Under Power of Sale.|§ 45-21.33 - Final report of sale of real property.

 45-21.33. Final report of sale of real property.(a) A person who holds a sale of real property pursuant to a power of sale shall file with the clerk of the superior court of the county where the sale is held a final report and account of his receipts and disbursements within 30 days after the receipt of the proceeds of such sale. Such report shall show whether the property was sold as a whole or in parts and whether all of the property was sold. The report shall also show whether all or only a part of the obligation was satisfied with respect to which the power of sale of property was exercised.(b) The clerk shall audit the account and record it.(c) The person who holds the sale shall also file with the clerk -(1) A copy of the notices of sale and resale, if any, which were posted, and(2) A copy of the notices of sale and resale, if any, which were published in a newspaper, together with an affidavit of publication thereof, if the notices were so published;(3) Proof as required by the clerk, which may be by affidavit, that notices of hearing, sale and resale were served upon all parties entitled thereto under G.S. 45-21.16, 45-21.17, 45-21.17A, and 45-21.30. In the absence of an affidavit to the contrary filed with the clerk, an affidavit by the person holding the sale that the notice of sale was posted in the area designated by the clerk of superior court for posting public notices in the county or counties in which the property is situated 20 days prior to the sale shall be proof of compliance with the requirements of G.S. 45-21.17(1)a.(d) The clerk's fee for auditing and recording the final account is a part of the expenses of the sale, and the person holding the sale shall pay the clerk's fee as part of such expenses. (1949, c. 720, s. 1; 1975, c. 492, s. 11; 1983, c. 799; 1993, c. 305, s. 21; 1995, c. 509, s. 26.)