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N.C. Gen. Stat. § 45-21.12

Power of sale barred when foreclosure barred

Applied in 1 court decision — leading case 87 N.C. App. 481 - In Re the Foreclosure of the Deed of Trust From Lake Townsend Aviation, Inc. (1987)

Most recently applied in 87 N.C. App. 481 - In Re the Foreclosure of the Deed of Trust From Lake Townsend Aviation, Inc. (November 1987)

1949, c. 720, s. 1; 1967, c. 562, s. 2; 1969, c. 984, s. 1; 1977, c. 359, s. 1.

(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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.