North Carolina Legislative Update: Session Law 2010-190

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The 2010 North Carolina General Assembly adopted an ACT TO PROHIBIT FORECLOSURES UNDER POWER OF SALE WHILE MORTGAGORS OR TRUSTORS ARE ON ACTIVE MILITARY DUTY. This act applies only to foreclosures under power of sale which excludes judicial foreclosures that continue to be governed by the Servicemembers Civil Relief Act (50 U.S.C. App. § 501, et sec.).

Purpose.

This action is to supplement and complement the Servicemembers Civil Relief Act and to afford greater peace and security for persons in federal active duty.

Power of Sale is Barred During Periods of Military Service.

The power of sale shall not be exercised by a mortgagee, trustee, or other creditor during, or within 90 days after, the mortgagor or debtor’s period of military service.

The Clerk of Court shall not conduct a foreclosure hearing unless the mortgagee or trustee seeking to exercise the power of sale certifies that the hearing will not take place during, or within 90 days after, a period of military service. Information on persons who are in military service may be obtained from the Department of Defense Manpower Data Center.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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