State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-38

§ 45‑38.  Recording offoreclosure.

In case of foreclosure of anydeed of trust, or mortgage, the trustee, mortgagee, or the trustee's ormortgagee's attorney shall record a notice of foreclosure that includes thedate when, and the person to whom, a conveyance was made by reason of theforeclosure. In the event the entire obligation secured by a mortgage or deedof trust is satisfied by a sale of only a part of the property embraced withinthe terms of the mortgage or deed of trust, the trustee, mortgagee, or thetrustee's or mortgagee's attorney shall indicate in the notice of foreclosurewhich property was sold.

A notice of foreclosure shallconsist of a separate instrument, or that part of the original deed of trust ormortgage rerecorded, reciting the information required hereinabove, the namesof the original parties to the original instrument foreclosed, and therecording data for the instrument foreclosed. A notice of foreclosure shall beindexed by the register of deeds in accordance with G.S. 161‑14.1. (1923, c. 192, s. 2; C.S., s.2594(a); 1949, c. 720, s. 2; 1963, c. 1021, s. 2; 1971, c. 985; 1991, c. 114,s. 3; 1993, c. 305, s. 24; 2005‑123, s. 1; 2006‑226, s. 13.)

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-38

§ 45‑38.  Recording offoreclosure.

In case of foreclosure of anydeed of trust, or mortgage, the trustee, mortgagee, or the trustee's ormortgagee's attorney shall record a notice of foreclosure that includes thedate when, and the person to whom, a conveyance was made by reason of theforeclosure. In the event the entire obligation secured by a mortgage or deedof trust is satisfied by a sale of only a part of the property embraced withinthe terms of the mortgage or deed of trust, the trustee, mortgagee, or thetrustee's or mortgagee's attorney shall indicate in the notice of foreclosurewhich property was sold.

A notice of foreclosure shallconsist of a separate instrument, or that part of the original deed of trust ormortgage rerecorded, reciting the information required hereinabove, the namesof the original parties to the original instrument foreclosed, and therecording data for the instrument foreclosed. A notice of foreclosure shall beindexed by the register of deeds in accordance with G.S. 161‑14.1. (1923, c. 192, s. 2; C.S., s.2594(a); 1949, c. 720, s. 2; 1963, c. 1021, s. 2; 1971, c. 985; 1991, c. 114,s. 3; 1993, c. 305, s. 24; 2005‑123, s. 1; 2006‑226, s. 13.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-38

§ 45‑38.  Recording offoreclosure.

In case of foreclosure of anydeed of trust, or mortgage, the trustee, mortgagee, or the trustee's ormortgagee's attorney shall record a notice of foreclosure that includes thedate when, and the person to whom, a conveyance was made by reason of theforeclosure. In the event the entire obligation secured by a mortgage or deedof trust is satisfied by a sale of only a part of the property embraced withinthe terms of the mortgage or deed of trust, the trustee, mortgagee, or thetrustee's or mortgagee's attorney shall indicate in the notice of foreclosurewhich property was sold.

A notice of foreclosure shallconsist of a separate instrument, or that part of the original deed of trust ormortgage rerecorded, reciting the information required hereinabove, the namesof the original parties to the original instrument foreclosed, and therecording data for the instrument foreclosed. A notice of foreclosure shall beindexed by the register of deeds in accordance with G.S. 161‑14.1. (1923, c. 192, s. 2; C.S., s.2594(a); 1949, c. 720, s. 2; 1963, c. 1021, s. 2; 1971, c. 985; 1991, c. 114,s. 3; 1993, c. 305, s. 24; 2005‑123, s. 1; 2006‑226, s. 13.)