reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 9 - Instruments to Secure Equity Lines of Credit. › § 45-82 - Priority of equity line security instrument.

§ 45-82. Priority of equity line security instrument.
An equity line security instrument shall, from the time and date of its registration, have the same priority to the extent of all advances secured by it as if the advances had been made at the time of the registration of the equity line security instrument, notwithstanding the fact that from time to time during the term of the equity line of credit no balance is outstanding. Interest that accrues on the equity line of credit and all payments made, sums advanced, and expenses incurred by the lender (i) for insurance, taxes, and assessments, (ii) to protect the lender's interest under the equity line security instrument, or (iii) to preserve and protect the value or condition of the property encumbered by the equity line security instrument shall be secured by the equity line security instrument and shall have the same priority as if they had been accrued, paid, advanced, and incurred at the time the equity line security instrument was registered. The accrued interest, payments, advances, and expenses shall not be considered in computing the principal amount that is secured by the equity line security instrument at any one time. (1985, c. 207, s. 2; 2011-312, s. 21.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 9 - Instruments to Secure Equity Lines of Credit. › § 45-82.4 - Prepayment penalty.

§ 45-82.4. Prepayment penalty.
Except as provided in G.S. 24-9(c), no prepayment penalty may be charged with respect to an equity line of credit. (2011-312, s. 25.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 9 - Instruments to Secure Equity Lines of Credit. › § 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 this Article. (1985, c. 207, s. 2; 2011-312, s. 26.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 9 - Instruments to Secure Equity Lines of Credit. › § 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. 207, s. 2; 2011-312, s. 27.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 10 - Mortgage Debt Collection and Servicing. › § 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 or refinance the prior purchase of the property or whether the proceeds of the loan are used for personal, family, or business purposes.
(2) Servicer. – A "servicer" as defined in the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(i). A licensed attorney, who in the practice of law or performing as a trustee, accepts payments related to a loan closing, default, foreclosure, or settlement of a dispute or legal claim related to a loan, shall not be considered a servicer for the purposes of this Article. (2007-351, s. 5.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 10 - Mortgage Debt Collection and Servicing. › § 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 that no late penalties are assessed or other negative consequences result. The provisions of this section shall apply regardless of whether the loan is delinquent or in default unless the servicer has a reasonable basis to believe that recovery of these funds will not be possible or the loan is more than 90 days in default. (2007-351, s. 5.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 10 - Mortgage Debt Collection and Servicing. › § 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 this section. With the exception of an action by the Commissioner of Banks or the Attorney General, at least 30 days before a borrower or a borrower's representative institutes a civil action for damages against a servicer for a violation of this Article, the borrower or a borrower's representative shall notify the servicer in writing of any claimed errors or disputes regarding the borrower's home loan that forms the basis of the civil action. The notice must be sent to the address as designated on any of the servicer's bills, statements, invoices, or other written communication, and must enable the servicer to identify the name and loan account of the borrower. For purposes of this section, notice shall not include a complaint or summons. Nothing in this section shall limit the rights of a borrower to enjoin a civil action, or make a counterclaim, cross-claim, or plead a defense in a civil action. A servicer will not be in violation of this Article if the servicer shows by a preponderance of evidence that:
(1) The violation was not intentional or the result of bad faith; and
(2) Within 30 days after discovering or being notified of an error, and prior to the institution of any legal action by the borrower against the servicer under this section, the servicer corrected the error and compensated the borrower for any fees or charges incurred by the borrower as a result of the violation. (2007-351, s. 5; 2008-228, s. 20; 2013-412, s. 8.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 10 - Mortgage Debt Collection and Servicing. › § 45-95 - Severability.

§ 45-95. Severability.
The provisions of this Article shall be severable, and if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this section shall not be affected thereby. If any provision of this Article is declared to be inapplicable to any specific category, type, or kind of points and fees, the provisions of this Article shall nonetheless continue to apply with respect to all other points and fees. (2007-351, s. 5.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-100 - Title.

§ 45-100. Title.
This Article shall be known as the Emergency Program to Reduce Home Foreclosures Act. (2008-226, s. 1; 2010-168, s. 9; 2012-79, s. 2.17(g).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-102 - Pre-foreclosure notice for home loans.

§ 45-102. Pre-foreclosure notice for home loans.
At least 45 days prior to the filing of a notice of hearing in a foreclosure proceeding on a primary residence, mortgage servicers of home loans shall send written notice by mail to the last known address of the borrower to inform the borrower of the availability of resources to avoid foreclosure, including:
(1) An itemization of all past due amounts causing the loan to be in default.
(2) An itemization of any other charges that must be paid in order to bring the loan current.
(3) A statement that the borrower may have options available other than foreclosure and that the borrower may discuss available options with the mortgage lender, the mortgage servicer, or a counselor approved by the U.S. Department of Housing and Urban Development.
(4) The address, telephone number, and other contact information for the mortgage lender, the mortgage servicer, or the agent for either of them who is authorized to attempt to work with the borrower to avoid foreclosure.
(5) The name, address, telephone number, and other contact information for one or more HUD-approved counseling agencies operating to assist borrowers in North Carolina to avoid foreclosure.
(6) The address, telephone number, and other contact information for the State Home Foreclosure Prevention Project of the Housing Finance Agency. (2008-226, s. 1; 2010-168, ss. 1, 9; 2012-79, s. 2.17(a), (g).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-103 - Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.

§ 45-103. Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.
(a) Within three business days of mailing the notice required by G.S. 45-102, the mortgage servicer shall file certain information with the Administrative Office of the Courts. The filing shall be in an electronic format, as designated by the Administrative Office of the Courts, and shall contain the name and address of the borrower, the due date of the last scheduled payment made by the borrower, and the date the notice was mailed to the borrower. The Administrative Office of the Courts shall establish an internal database to track information required by this section. The Housing Finance Agency shall design and develop the State Home Foreclosure Prevention Project database, in consultation with the Administrative Office of the Courts. Only the Administrative Office of the Courts, the Housing Finance Agency, and the clerk of court as provided by G.S. 45-107 shall have access to the database.
(b) As permitted by applicable State and federal law, optional information may be requested from the mortgage servicer to facilitate further review by the State Home Foreclosure Prevention Project described in G.S. 45-104. This optional information shall be used by the State Home Foreclosure Prevention Project to prioritize efforts to reach borrowers most likely to avoid foreclosure and to prevent delay for defaults where foreclosure is unavoidable.
(c) Repealed by Session Laws 2010-168, s. 1, effective November 1, 2010. (2008-226, s. 1; 2010-168, ss. 1, 9; 2011-288, s. 2; 2012-79, s. 2.17(b), (g).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-105 - Extension of foreclosure process.

§ 45-105. Extension of foreclosure process.
The Housing Finance Agency shall review information provided in the database created by G.S. 45-103 to determine which home loans are appropriate for efforts to avoid foreclosure. If the Housing Finance Agency reasonably believes, based on a full review of the loan information, the mortgage servicer's loss mitigation efforts, the borrower's capacity and interest in staying in the home, and other appropriate factors, that further efforts by the State Home Foreclosure Prevention Project offer a reasonable prospect to avoid foreclosure on primary residences, the Executive Director of the Housing Finance Agency shall have the authority to extend one time under this Article the allowable filing date for any foreclosure proceeding on a primary residence by up to 30 days beyond the earliest filing date established by the pre-foreclosure notice. If the Executive Director of the Housing Finance Agency makes the determination that a loan is subject to this section, the Housing Finance Agency shall notify the borrower, mortgage servicer, and the Administrative Office of the Courts. (2008-226, s. 1; 2010-168, ss. 1, 9; 2011-288, s. 4; 2012-79, s. 2.17(d), (g).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-106 - Use and privacy of records.

§ 45-106. Use and privacy of records.
The data provided to the Administrative Office of the Courts pursuant to G.S. 45-103 shall be exclusively for the use and purposes of the State Home Foreclosure Prevention Project developed by the Commissioner of Banks and administered by the Housing Finance Agency in accordance with G.S. 45-104. The information provided to the database is not a public record, except that a mortgage lender and a mortgage servicer shall have access to the information submitted only with regard to its own loans. Provision of information to the Administrative Office of the Courts for use by the State Home Foreclosure Prevention Project shall not be considered a violation of G.S. 53B-8. A mortgage servicer shall be held harmless for any alleged breach of privacy rights of the borrower with respect to the information the mortgage servicer provides in accordance with this Article. (2008-226, s. 1; 2010-168, ss. 1, 9; 2011-288, s. 5; 2012-79, s. 2.17(e), (g).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 11 - Emergency Program to Reduce Home Foreclosures. › § 45-107 - Foreclosure filing.

§ 45-107. Foreclosure filing.
(a) For the duration of the program authorized by this Article, foreclosure notices filed on home loans on or after November 1, 2010, shall contain a certification by the filing party that the pre-foreclosure notice required by G.S. 45-102 and the pre-foreclosure information required by G.S. 45-103 were provided in accordance with this Article and that the periods of time established by the Article have elapsed.
(b) The clerk of superior court or other judicial officer may have access to the pre-foreclosure database to confirm information provided in subsection (a) of this section. A materially inaccurate statement in the certification shall be cause for dismissal without prejudice of any foreclosure proceeding on a primary residence initiated by the mortgage servicer and for payment by the filing party of costs incurred by the borrower in defending the foreclosure proceeding. (2008-226, s. 1; 2010-168, ss. 1, 9; 2012-79, s. 2.17(g).)
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-4.1 - Expired pursuant to Session Laws 2020-3, s4.12(b), as amended by Session Laws 2020-70, s2.8, effective March 1, 2021.

§ 45A-4.1. Expired pursuant to Session Laws 2020-3, s. 4.12(b), as amended by Session Laws 2020-70, s. 2.8, effective March 1, 2021.
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-5 - Duty of lender, purchaser, or seller.

§ 45A-5. Duty of lender, purchaser, or seller.
(a) The lender, purchaser, or seller shall, at or before closing, deliver closing funds, including the gross or net loan funds, if applicable, to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in G.S. 45A-4(a)(1) through (7), provided that the lender, purchaser, or seller, as applicable, shall cause that negotiable instrument to be honored upon presentment for payment to the bank or other depository institution upon which the instrument is drawn. However, in the case of a refinancing, or any other loan where a right of rescission applies, the lender shall, no later than the business day after the expiration of the rescission period required under the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq., cause disbursement of loan funds to the settlement agent in one or more of the forms prescribed by provisions in this Chapter.
(b) (For applicability date, see note) The lender shall include in the loan closing instructions to the settlement agent the name of the mortgage broker or other person, if any, who acted as a mortgage broker in the origination of the loan. (1995 (Reg. Sess., 1996), c. 714, s. 1; 2007-176, s. 2.)
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-6 - Validity of loan documents.

§ 45A-6. Validity of loan documents.
Failure to comply with the provisions of this Chapter shall not govern the validity or enforceability of any document, including a deed or any loan document, executed and delivered at any settlement occurring after October 1, 1996. (1995 (Reg. Sess., 1996), c. 714, s. 1.)
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-7 - Penalty.

§ 45A-7. Penalty.
Any party violating this Chapter is liable to any other party suffering a loss due to that violation for that other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Chapter shall pay to the party or parties suffering a loss an amount equal to one thousand dollars ($1,000) or double the amount of interest payable on any loan for the first 60 days after the loan closing, whichever amount is greater. (1995 (Reg. Sess., 1996), c. 714, s. 1.)
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-8 - Embezzlement of closing funds by settlement agent.

§ 45A-8. Embezzlement of closing funds by settlement agent.
(a) All closing funds received by a settlement agent are trust or escrow funds received by the settlement agent in a fiduciary capacity.
(b) A settlement agent in the disbursement of settlement proceeds shall account for and pay the closing funds to the parties or entities identified for payment of the closing funds pursuant to the settlement agreement approved by the parties to the transaction.
(c) Except as to such portions of the closing funds representing the settlement agent's fees and expenses, a settlement agent shall be subject to the embezzlement provisions of G.S. 14-90. (2009-348, s. 2.)
2023 North Carolina General Statutes › Chapter 45A - Good Funds Settlement Act › § 45A-9 - Interest on settlement agent's real estate trust and escrow accounts.

§ 45A-9. Interest on settlement agent's real estate trust and escrow accounts.
(a) A settlement agent who maintains a trust or escrow account for purposes of receiving and disbursing closing funds and loan funds shall pay any interest earned on funds held in those accounts to the North Carolina State Bar to be used for the purposes authorized by the North Carolina State Bar under the Interest on Lawyers' Trust Account Program.
(b) The North Carolina State Bar shall adopt rules for the collection and disbursement of funds required to be paid to the North Carolina State Bar under subsection (a) of this section. (2011-336, s. 3.)
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-1: Recodified as G.S. 46A-1 by Session Laws 2020-23, s. 2(a), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-1: Recodified as G.S. 46A-1 by Session Laws 2020-23, s. 2(a), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-2: Recodified as G.S. 46A-20 by Session Laws 2020-23, s. 2(b), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-2: Recodified as G.S. 46A-20 by Session Laws 2020-23, s. 2(b), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-2.1: Recodified as G.S. 46A-2 by Session Laws 2020-23, s. 2(c), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-2.1: Recodified as G.S. 46A-2 by Session Laws 2020-23, s. 2(c), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-3: Recodified as G.S. 46A-21 by Session Laws 2020-23, s. 2(d), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-3: Recodified as G.S. 46A-21 by Session Laws 2020-23, s. 2(d), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-3.1: Recodified as G.S. 46A-28 by Session Laws 2020-23, s. 2(e), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-3.1: Recodified as G.S. 46A-28 by Session Laws 2020-23, s. 2(e), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-4: Recodified as G.S. 46A-24 by Session Laws 2020-23, s. 2(f), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-4: Recodified as G.S. 46A-24 by Session Laws 2020-23, s. 2(f), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-5: Recodified as G.S. 46A-23 by Session Laws 2020-23, s. 2(g), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-5: Recodified as G.S. 46A-23 by Session Laws 2020-23, s. 2(g), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-6: Recodified as G.S. 46A-22 by Session Laws 2020-23, s. 2(h), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-6: Recodified as G.S. 46A-22 by Session Laws 2020-23, s. 2(h), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-7: Recodified as G.S. 46A-50(a) by Session Laws 2020-23, s. 2(i), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-7: Recodified as G.S. 46A-50(a) by Session Laws 2020-23, s. 2(i), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-7.1: Recodified as G.S. 46A-50(b) by Session Laws 2020-23, s. 2(j), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-7.1: Recodified as G.S. 46A-50(b) by Session Laws 2020-23, s. 2(j), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-8: Recodified as G.S. 46A-50(c) by Session Laws 2020-23, s. 2(k), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-8: Recodified as G.S. 46A-50(c) by Session Laws 2020-23, s. 2(k), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-9: Recodified as G.S. 46A-50(d) by Session Laws 2020-23, s. 2(l), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-9: Recodified as G.S. 46A-50(d) by Session Laws 2020-23, s. 2(l), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-10: Recodified as G.S. 46A-51(a) by Session Laws 2020-23, s. 2(m), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-10: Recodified as G.S. 46A-51(a) by Session Laws 2020-23, s. 2(m), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-11: Recodified as G.S. 46A-51(b) by Session Laws 2020-23, s. 2(n), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-11: Recodified as G.S. 46A-51(b) by Session Laws 2020-23, s. 2(n), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-12: Recodified as G.S. 46A-51(c) by Session Laws 2020-23, s. 2(o), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-12: Recodified as G.S. 46A-51(c) by Session Laws 2020-23, s. 2(o), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-13: Recodified as G.S. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-13: Recodified as G.S. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-14: Recodified as G.S. 46A-25 by Session Laws 2020-23, s. 2(q), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-14: Recodified as G.S. 46A-25 by Session Laws 2020-23, s. 2(q), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-16: Recodified as G.S. 46A-26 by Session Laws 2020-23, s. 2(r), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-16: Recodified as G.S. 46A-26 by Session Laws 2020-23, s. 2(r), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-17: Recodified as G.S. 46A-55(a) by Session Laws 2020-23, s. 2(s), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-17: Recodified as G.S. 46A-55(a) by Session Laws 2020-23, s. 2(s), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-17.1: Recodified as G.S. 46A-54 by Session Laws 2020-23, s. 2(t), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-17.1: Recodified as G.S. 46A-54 by Session Laws 2020-23, s. 2(t), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-18: Recodified as G.S. 46A-55(b) by Session Laws 2020-23, s. 2(u), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-18: Recodified as G.S. 46A-55(b) by Session Laws 2020-23, s. 2(u), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-19: Recodified as G.S. 46A-56 by Session Laws 2020-23, s. 2(v), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-19: Recodified as G.S. 46A-56 by Session Laws 2020-23, s. 2(v), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-20: Recodified as G.S. 46A-57 by Session Laws 2020-23, s. 2(w), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-20: Recodified as G.S. 46A-57 by Session Laws 2020-23, s. 2(w), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 1 - Partition of Real Property. › §§ 46-21: Recodified as G.S. 46A-58 by Session Laws 2020-23, s. 2(x), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-21: Recodified as G.S. 46A-58 by Session Laws 2020-23, s. 2(x), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-22: Recodified as G.S. 46A-75 by Session Laws 2020-23, s. 2(y), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-22: Recodified as G.S. 46A-75 by Session Laws 2020-23, s. 2(y), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-22.1: Recodified as G.S. 46A-29 by Session Laws 2020-23, s. 2(z), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-22.1: Recodified as G.S. 46A-29 by Session Laws 2020-23, s. 2(z), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-23: Recodified as G.S. 46A-79 by Session Laws 2020-23, s. 2(aa), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-23: Recodified as G.S. 46A-79 by Session Laws 2020-23, s. 2(aa), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-24: Recodified as G.S. 46A-78 by Session Laws 2020-23, s. 2(bb), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-24: Recodified as G.S. 46A-78 by Session Laws 2020-23, s. 2(bb), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-25: Recodified as G.S. 46A-80 by Session Laws 2020-23, s. 2(cc), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-25: Recodified as G.S. 46A-80 by Session Laws 2020-23, s. 2(cc), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-26: Recodified as G.S. 46A-81 by Session Laws 2020-23, s. 2(dd), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-26: Recodified as G.S. 46A-81 by Session Laws 2020-23, s. 2(dd), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-27: Recodified as G.S. 46A-82 by Session Laws 2020-23, s. 2(ee), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-27: Recodified as G.S. 46A-82 by Session Laws 2020-23, s. 2(ee), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-28: Subsections (a) and (b) were recodified as G.S. 46A-76(a), (d), and subsection (c) was recodified as G.S. 46A-77, by Session Laws 2020-23, s. 2(ff), (gg), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28: Subsections (a) and (b) were recodified as G.S. 46A-76(a), (d), and subsection (c) was recodified as G.S. 46A-77, by Session Laws 2020-23, s. 2(ff), (gg), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-28.1: Subsections (a), (b), (c), (d), and (e) were recodified as G.S. 46A-83(a), (c), (d), (e), and (f), subsection (d1) was recodified as G.S. 46A-84, and subsection (f) was recodified as G.S. 46A-85(a), by Session Laws 2020-23, s. 2(hh), (ii), (jj), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28.1: Subsections (a), (b), (c), (d), and (e) were recodified as G.S. 46A-83(a), (c), (d), (e), and (f), subsection (d1) was recodified as G.S. 46A-84, and subsection (f) was recodified as G.S. 46A-85(a), by Session Laws 2020-23, s. 2(hh), (ii), (jj), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-28.2: Recodified as G.S. 46A-85(b) by Session Laws 2020-23, s. 2(kk), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28.2: Recodified as G.S. 46A-85(b) by Session Laws 2020-23, s. 2(kk), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-30: Recodified as G.S. 46A-85(c) by Session Laws 2020-23, s. 2(ll), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-30: Recodified as G.S. 46A-85(c) by Session Laws 2020-23, s. 2(ll), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-31: Recodified as G.S. 46A-76(c) by Session Laws 2020-23, s. 2(mm), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-31: Recodified as G.S. 46A-76(c) by Session Laws 2020-23, s. 2(mm), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-33: Recodified as G.S. 46A-85(d) by Session Laws 2020-23, s. 2(nn), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-33: Recodified as G.S. 46A-85(d) by Session Laws 2020-23, s. 2(nn), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 2 - Partition Sales of Real Property. › §§ 46-34: Recodified as G.S. 46A-86 by Session Laws 2020-23, s. 2(oo), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-34: Recodified as G.S. 46A-86 by Session Laws 2020-23, s. 2(oo), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 4 - Partition of Personal Property. › §§ 46-42: Recodified as G.S. 46A-100 by Session Laws 2020-23, s. 2(pp), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-42: Recodified as G.S. 46A-100 by Session Laws 2020-23, s. 2(pp), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 4 - Partition of Personal Property. › §§ 46-43: Recodified as G.S. 46A-101(b) by Session Laws 2020-23, s. 2(qq), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-43: Recodified as G.S. 46A-101(b) by Session Laws 2020-23, s. 2(qq), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 4 - Partition of Personal Property. › §§ 46-43.1: Recodified as G.S. 46A-101(c) by Session Laws 2020-23, s. 2(rr), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-43.1: Recodified as G.S. 46A-101(c) by Session Laws 2020-23, s. 2(rr), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46 - Partition › Article 4 - Partition of Personal Property. › §§ 46-44: Recodified as G.S. 46A-102 by Session Laws 2020-23, s. 2(ss), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-44: Recodified as G.S. 46A-102 by Session Laws 2020-23, s. 2(ss), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 1 - General Provisions. › § 46A-1 - Partition is a special proceeding.

§ 46A-1. Partition is a special proceeding.
A partition of property under this Chapter is by special proceeding and, except as modified in this Chapter, its procedure is provided in Subchapter XII of Chapter 1 of the General Statutes. (1868-9, c. 122, s. 33; Code, s. 1923; Rev., s. 2485; C.S., s. 3213; 2020-23, ss. 2(a), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 1 - General Provisions. › § 46A-2 - Summons; notice included in petition.

§ 46A-2. Summons; notice included in petition.
(a) In partition proceedings initiated under this Chapter, the period of time for answering a summons is provided in G.S. 1-394.
(b) The petition shall include written notice in a manner reasonably calculated to make the respondent aware of the following:
(1) That the respondent has the right to seek the advice of an attorney and that free legal services may be available to the respondent by contacting Legal Aid of North Carolina or other legal services organizations.
(2) That pursuant to G.S. 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. (2009-362, s. 3; 2020-23, ss. 2(c), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 1 - General Provisions. › § 46A-3 - Attorneys' fees.

§ 46A-3. Attorneys' fees.
(a) In proceedings to partition property under this Chapter, the court shall allocate among all the cotenants of the property those reasonable attorneys' fees incurred by any cotenant for the common benefit of all the cotenants, unless a cotenant shows that doing so would be inequitable. The allocation shall be according to each cotenant's interest in the property.
(b) The attorneys' fees described in subsection (a) of this section do not include attorneys' fees incurred in disputing the method of partition or the division of the proceeds of a partition sale. Reasonable attorneys' fees incurred by a cotenant in disputing an issue described in this subsection shall be allocated by the court among those cotenants determined by the court to be aligned with the cotenant on that issue. The allocation shall be according to each aligned cotenant's interest in the property relative to the total interest of all the aligned cotenants in the property.
(c) The court has discretion to allocate among the parties reasonable attorneys' fees that are not described in subsection (a) or (b) of this section. (2020-23, s. 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-20 - Venue in partition.

§ 46A-20. Venue in partition.
A proceeding to partition real property shall be commenced in the county where the property is located. If the property, whether consisting of one or more tracts, is located in more than one county, the proceeding may be commenced in any of the counties where any part of the property is located; in this case, the petitioner shall file a notice of lis pendens in each of the other counties. (1868-9, c. 122, s. 7; Code, s. 1898; Rev., s. 2486; C.S., s. 3214; Ex. Sess. 1924, c. 62, s. 1; 2020-23, ss. 2(b), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.

§ 46A-21. Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.
(a) Any person claiming real property as a tenant in common or joint tenant may petition to partition the property in superior court. The personal representative of a deceased tenant in common or deceased joint tenant may also petition to partition the property as part of a petition to sell the deceased cotenant's interest for the payment of debts and other claims against the deceased cotenant's estate as provided in G.S. 28A-17-3.
(b) The petitioner shall serve and join all tenants in common and joint tenants of the property. The petitioner may serve and join any other person with an interest in the property, any lessee of the property, and any holder of a lien, mortgage, or deed of trust on the property.
(c) The petitioner is not required to serve or join spouses of cotenants of the real property unless the spouse is also a cotenant. (1868-9, c. 122, s. 1; Code, s. 1892; Rev., s. 2487; C.S., s. 3215; 1963, c. 291, s. 2; 1985, c. 689, s. 16; 2020-23, ss. 2(d), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-22. Unknown or unlocatable parties; summons, notice, and representation.
(a) If, at the time of or subsequent to the filing of the petition, the petitioner shows by affidavit or otherwise that the petitioner cannot after due diligence ascertain the name or location of a person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b), the court shall authorize service by publication under G.S. 1A-1, Rule 4. The notice by publication shall include a description of the property that includes the street address, if any, or other common designation for the property, if any, and may include the legal description of the property.
(b) Before or after the notice by publication, the court shall appoint a guardian ad litem under G.S. 1A-1, Rule 17, to represent any unknown or unlocatable person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b). (1887, c. 284; Rev., s. 2490; C.S., s. 3218; 2009-512, s. 1; 2020-23, ss. 2(h), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-23. Petition by judgment creditor of cotenant.
(a) If a judgment debtor has a personal liability on a judgment docketed in the superior court of a county where the judgment debtor owns real property as a tenant in common or joint tenant, the judgment creditor may petition for an actual partition of the property. If the court apportions a share of the property to the judgment debtor, the judgment creditor may seek to execute the judgment against the judgment debtor's share by (i) setting aside the judgment debtor's homestead in the share, as determined according to Article X of the North Carolina Constitution and Article 16 of Chapter 1C of the General Statutes, and (ii) selling the remaining part of the share.
(b) The remedy provided in this section does not deprive a judgment creditor of any other remedy in law or equity to enforce a judgment lien. (1905, c. 429; Rev., s. 2489; C.S., s. 3217; 2020-23, ss. 2(g), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.

§ 46A-24. Surface and oil, gas, or mineral interests in separate owners; partitions distinct.
When title to the oil, gas, or mineral interests in real property has been separated in ownership from the title to the surface of the property, a tenant in common or joint tenant of the oil, gas, or mineral interests may partition the oil, gas, or mineral interests, distinct from the surface, without joining the owner of the surface. Similarly, a tenant in common or joint tenant of the surface of the property may partition the surface, distinct from the oil, gas, or mineral interests, without joining the owner of the oil, gas, or mineral interests. An owner of the oil, gas, or mineral interests is not required to join a partition of the surface of the property, and an owner of the surface of the property is not required to join a partition of the oil, gas, or mineral interests. The rights of either owner shall not be prejudiced by a partition of the other interests. (1905, c. 90; Rev., s. 2488; C.S., s. 3216; 2020-23, ss. 2(f), 3.)
2023 North Carolina General Statutes › Chapter 46A - Partition › Article 2 - Partition of Real Property. › § 46A-25 - Partition of real property subject to a contingent future interest; requirements.

§ 46A-25. Partition of real property subject to a contingent future interest; requirements.
When real property is subject to a contingent future interest, any judgment partitioning the property is valid and binding upon all persons having an interest in the property, whether or not in being, if all of the following requirements are met:
(1) The following persons are parties:
a. Persons with a present interest or a vested future interest.
b. Persons in being with a contingent future interest and that would have a present interest if the contingency had occurred at the time the proceeding was commenced.
c. Persons not in being with a contingent future interest.
(2) The following parties are represented by a guardian ad litem appointed under G.S. 1A-1, Rule 17:
a. Unborn individuals.
b. Parties not in being.
c. Parties who are minors or incompetent adults and who do not have a guardian of the estate or general guardian.
d. Unknown or unlocatable parties. (1933, c. 215, s. 1; 1959, c. 1274, s. 1; 2020-23, ss. 2(q), 3.)