§ 45‑21.34. Enjoiningmortgage sales on equitable grounds.
Any owner of real estate, orother person, firm or corporation having a legal or equitable interest therein,may apply to a judge of the superior court, prior to the time that the rightsof the parties to the sale or resale becoming fixed pursuant to G.S. 45‑21.29Ato enjoin such sale, upon the ground that the amount bid or price offeredtherefor is inadequate and inequitable and will result in irreparable damage tothe owner or other interested person, or upon any other legal or equitableground which the court may deem sufficient: Provided, that the court or judgeenjoining such sale, whether by a temporary restraining order or injunction tothe hearing, shall, as a condition precedent, require of the plaintiff orapplicant such bond or deposit as may be necessary to indemnify and saveharmless the mortgagee, trustee, cestui que trust, or other person enjoined andaffected thereby against costs, depreciation, interest and other damages, ifany, which may result from the granting of such order or injunction: Providedfurther, that in other respects the procedure shall be as is now prescribed bylaw in cases of injunction and receivership, with the right of appeal to theappellate division from any such order or injunction. (1933,c. 275, s. 1; 1949, c. 720, s. 3; 1969, c. 44, s. 50; 1993, c. 305, s. 22.)
§ 45‑21.34. Enjoiningmortgage sales on equitable grounds.
Any owner of real estate, orother person, firm or corporation having a legal or equitable interest therein,may apply to a judge of the superior court, prior to the time that the rightsof the parties to the sale or resale becoming fixed pursuant to G.S. 45‑21.29Ato enjoin such sale, upon the ground that the amount bid or price offeredtherefor is inadequate and inequitable and will result in irreparable damage tothe owner or other interested person, or upon any other legal or equitableground which the court may deem sufficient: Provided, that the court or judgeenjoining such sale, whether by a temporary restraining order or injunction tothe hearing, shall, as a condition precedent, require of the plaintiff orapplicant such bond or deposit as may be necessary to indemnify and saveharmless the mortgagee, trustee, cestui que trust, or other person enjoined andaffected thereby against costs, depreciation, interest and other damages, ifany, which may result from the granting of such order or injunction: Providedfurther, that in other respects the procedure shall be as is now prescribed bylaw in cases of injunction and receivership, with the right of appeal to theappellate division from any such order or injunction. (1933,c. 275, s. 1; 1949, c. 720, s. 3; 1969, c. 44, s. 50; 1993, c. 305, s. 22.)
§ 45‑21.34. Enjoiningmortgage sales on equitable grounds.
Any owner of real estate, orother person, firm or corporation having a legal or equitable interest therein,may apply to a judge of the superior court, prior to the time that the rightsof the parties to the sale or resale becoming fixed pursuant to G.S. 45‑21.29Ato enjoin such sale, upon the ground that the amount bid or price offeredtherefor is inadequate and inequitable and will result in irreparable damage tothe owner or other interested person, or upon any other legal or equitableground which the court may deem sufficient: Provided, that the court or judgeenjoining such sale, whether by a temporary restraining order or injunction tothe hearing, shall, as a condition precedent, require of the plaintiff orapplicant such bond or deposit as may be necessary to indemnify and saveharmless the mortgagee, trustee, cestui que trust, or other person enjoined andaffected thereby against costs, depreciation, interest and other damages, ifany, which may result from the granting of such order or injunction: Providedfurther, that in other respects the procedure shall be as is now prescribed bylaw in cases of injunction and receivership, with the right of appeal to theappellate division from any such order or injunction. (1933,c. 275, s. 1; 1949, c. 720, s. 3; 1969, c. 44, s. 50; 1993, c. 305, s. 22.)
