§ 45-4 Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action
§ 45-5 Foreclosures by representatives validated
§ 45-6 Renunciation by representative; clerk appoints trustee
§ 45-7 Agent to sell under power may be appointed by parol
§ 45-8 Survivorship among donees of power of sale
§ 45-9 Clerk appoints successor to incompetent trustee
§ 45-10 Substitution of trustees in mortgages and deeds of trust
§ 45-11 Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution
§ 45-14 Acts of trustee prior to removal not invalidated
§ 45-15 Registration of substitution constructive notice
§ 45-17 Substitution made as often as justifiable
§ 45-18 Validation of certain acts of substituted trustees
§ 45-19 Mortgage to guardian; powers pass to succeeding guardian
§ 45-20 Sales by mortgagees and trustees confirmed
§ 45-20.1 Validation of trustees’ deeds where seals omitted
§ 45-20.3 Validation of deeds where seal omitted on power of attorney
§ 45-21 Validation of appointment of and conveyances to corporations as trustees
§ 45-21.01 Foreclosure of deeds of trust and mortgages on property affected by boundary certification
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Terms Used In North Carolina General Statutes > Chapter 45 > Article 2 - Right to Foreclose or Sell under Power

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Executor: A male person named in a will to carry out the decedent
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Trustee: A person or institution holding and administering property in trust.