§ 55-59.4. Powers and duties of trustee in event of sale under or satisfaction of deed of trust
A. In the event of sale under a deed of trust, the trustee shall have the following powers and duties in addition to all others:
1. Written one-price bids may be made and shall be received by the trustee from the beneficiary or any other person for entry by announcement of the trustee at the sale. Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid. Upon request to the trustee or trustees, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids. Whenever the written bid of the beneficiary is the highest bid submitted at the sale, such document shall be filed by the trustee with his account of sale required under § 26-15. The written bid submitted pursuant to this subsection may be prepared by the beneficiary, its agent or attorney.
2.�The�trustee�may�require�of�any�bidder�at�any�sale�a�cash�deposit�of�as�much
�as�ten�per�centum�of�the�sale�price�(unless�the�deed�of�trust�specifies�a
higher�or�lower�maximum,�which�may�be�done�by�the�words�"bidder's�deposit�of
not�more�than��...�dollars�may�be�required,"�or�words�of�like�purport),�before
�his�bid�is�received,�which�shall�be�refunded�to�the�bidder�unless�the
property�is�sold�to�him,�otherwise�to�be�applied�to�his�credit�in�settlement
or,�should�he�fail�to�complete�his�purchase�promptly,�to�be�applied�to�pay�the
�costs�and�expense�of�sale�and�the�balance,�if�any,�to�be�retained�by�the
trustee�as�his�compensation�in�connection�with�that�sale.�
3. The trustee shall receive and receipt for the proceeds of sale, no purchaser being required to see to the application of the proceeds, account for the same to the commissioner of accounts pursuant to § 26-15 and apply the same, first, to discharge the expenses of executing the trust, including a reasonable commission to the trustee; secondly, to discharge all taxes, levies, and assessments, with costs and interest if they have priority over the lien of the deed of trust, including the due pro rata thereof for the current year; thirdly, to discharge in the order of their priority, if any, the remaining debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which sale is made, with lawful interest; and, fourthly, the residue of the proceeds shall be paid to the grantor or his assigns; provided, however, that the trustee as to such residue shall not be bound by any inheritance, devise, conveyance, assignment or lien of or upon the grantor's equity, without actual notice thereof prior to distribution; provided further that such order of priorities shall not be changed or varied by the deed of trust. The trustee's deed shall show the trustee's mailing address.
B. Upon discharge (other than by sale by the trustee) of all debts, duties and obligations imposed by the deed upon the grantor, including any expenses incurred preparatory to sale, then upon the grantor's request the trustee shall execute and deliver a good and sufficient deed of release at the grantor's own proper costs and charges.
(1979, c. 12; 1997, c. 842; 1998, c. 610.)
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