CHAPTER 45-21 2025

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The statute applies the ten year period tothe foreclosure of a mortgage, or deed in trust for creditors with a power of sale,of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or
Example: John took out a mortgage to buy a house. The mortgage agreement included a power of sale clause that allowed the lender to sell the property if John failed to make his mortgage payments. Unfortunately, John lost his job and was unable to keep up with his payments.
If the clerk allows the foreclosure to proceed, the next step is the sale of your property. You will receive a Notice of Foreclosure Sale (similar to the Notice of Foreclosure Hearing) that includes the date, time and place of the sale, which must be set at least 20 days after the hearing.
A power of sale clause gives your lender the right to sell your home if you dont pay and wind up defaulting on your mortgage. Judicial foreclosure is the legal process in judicial foreclosure states that your lender will follow if they need to foreclose on the home.
Foreclosure by power of sale, otherwise known as nonjudicial foreclosure, involves the sale of the mortgaged property by the mortgage holder without the supervision of a court. Foreclosure by power of sale is generally a more expedient way of foreclosing on a property than foreclosure by judicial sale.

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The trustee of a deed of trust can be a member of the bar, bank, trust company, savings loan, or a title insurer or agent. It is customary to use a title company.
A power of sale foreclosure is a contractual right under the terms of a deed of trust which gives the trustee the power to sell the real property on behalf of the lender if the borrower defaults. The procedure for power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes.

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