North Carolina General Statutes § 45-107 Foreclosure filing

(a)        For the duration of the program authorized by this Article, foreclosure notices filed on home loans on or after November 1, 2010, shall contain a certification by the filing party that the pre-foreclosure notice required by G.S. 45-102 and the pre-foreclosure information required by G.S. 45-103 were provided in accordance with this Article and that the periods of time established by the Article have elapsed.

(b)        The clerk of superior court or other judicial officer may have access to the pre-foreclosure database to confirm information provided in subsection (a) of this section. A materially inaccurate statement in the certification shall be cause for dismissal without prejudice of any foreclosure proceeding on a primary residence initiated by the mortgage servicer and for payment by the filing party of costs incurred by the borrower in defending the foreclosure proceeding.  (2008-226, s. 1; 2010-168, ss. 1, 9; 2012-79, s. 2.17(g).)

Sections:  Previous  45-84  45-90  45-91  45-92  45-93  45-94  45-95  45-100  45-101  45-102  45-103  45-104  45-105  45-106  45-107

Last modified: March 23, 2014