State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_42

§45‑21.42.  Validation of deeds where no order or record of confirmationcan be found.

In all cases prior to thefirst day of March, 1974, where sales of property have been made under thepower of sale contained in any deed of trust, mortgage or other instrumentconveying property to  secure a debt or other obligation, or where such saleshave been made pursuant to an order of court in foreclosure proceedings anddeeds have been executed by any trustee, mortgagee, commissioner, or personappointed by the court, conveying the property, or security, described therein,and said deed, or other instrument so executed, containing the propertydescribed therein, to the highest bidder or purchaser of said sale and suchdeed, or other instrument, contains recitals to the effect that said sale wasreported to the clerk of the superior court, or to the court, and/or such salewas duly confirmed by the clerk of the superior court, or court, then and inthat event all such deeds, conveyances, or other instruments, containing suchrecitals are declared to be lawful, valid and binding upon all parties to theproceedings, or parties named in such deeds of trust, mortgages, or otherorders or instruments, and are hereby declared to be effective and valid topass title for the purpose of transferring title to the purchasers at suchsales with the same force and effect as if an order of confirmation had beenfiled in the office of the clerk of the superior court, or with the court,together with necessary reports and other decrees and to the same effect as ifa record had been made in the minutes of the court of such orders, decrees andconfirmations, provided that nothing contained in this section shall beconstrued as applicable to or affecting pending litigation. (1945,c. 984; 1949, c. 720, s. 4; 1957, c. 505; 1979, c. 242.)

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_42

§45‑21.42.  Validation of deeds where no order or record of confirmationcan be found.

In all cases prior to thefirst day of March, 1974, where sales of property have been made under thepower of sale contained in any deed of trust, mortgage or other instrumentconveying property to  secure a debt or other obligation, or where such saleshave been made pursuant to an order of court in foreclosure proceedings anddeeds have been executed by any trustee, mortgagee, commissioner, or personappointed by the court, conveying the property, or security, described therein,and said deed, or other instrument so executed, containing the propertydescribed therein, to the highest bidder or purchaser of said sale and suchdeed, or other instrument, contains recitals to the effect that said sale wasreported to the clerk of the superior court, or to the court, and/or such salewas duly confirmed by the clerk of the superior court, or court, then and inthat event all such deeds, conveyances, or other instruments, containing suchrecitals are declared to be lawful, valid and binding upon all parties to theproceedings, or parties named in such deeds of trust, mortgages, or otherorders or instruments, and are hereby declared to be effective and valid topass title for the purpose of transferring title to the purchasers at suchsales with the same force and effect as if an order of confirmation had beenfiled in the office of the clerk of the superior court, or with the court,together with necessary reports and other decrees and to the same effect as ifa record had been made in the minutes of the court of such orders, decrees andconfirmations, provided that nothing contained in this section shall beconstrued as applicable to or affecting pending litigation. (1945,c. 984; 1949, c. 720, s. 4; 1957, c. 505; 1979, c. 242.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_42

§45‑21.42.  Validation of deeds where no order or record of confirmationcan be found.

In all cases prior to thefirst day of March, 1974, where sales of property have been made under thepower of sale contained in any deed of trust, mortgage or other instrumentconveying property to  secure a debt or other obligation, or where such saleshave been made pursuant to an order of court in foreclosure proceedings anddeeds have been executed by any trustee, mortgagee, commissioner, or personappointed by the court, conveying the property, or security, described therein,and said deed, or other instrument so executed, containing the propertydescribed therein, to the highest bidder or purchaser of said sale and suchdeed, or other instrument, contains recitals to the effect that said sale wasreported to the clerk of the superior court, or to the court, and/or such salewas duly confirmed by the clerk of the superior court, or court, then and inthat event all such deeds, conveyances, or other instruments, containing suchrecitals are declared to be lawful, valid and binding upon all parties to theproceedings, or parties named in such deeds of trust, mortgages, or otherorders or instruments, and are hereby declared to be effective and valid topass title for the purpose of transferring title to the purchasers at suchsales with the same force and effect as if an order of confirmation had beenfiled in the office of the clerk of the superior court, or with the court,together with necessary reports and other decrees and to the same effect as ifa record had been made in the minutes of the court of such orders, decrees andconfirmations, provided that nothing contained in this section shall beconstrued as applicable to or affecting pending litigation. (1945,c. 984; 1949, c. 720, s. 4; 1957, c. 505; 1979, c. 242.)