§ 44A-44. Right of redemption; good faith purchaser's right; disposition of proceeds; lienor's liability. - North Carolina Statutes

§ 44A‑44.  Right ofredemption; good faith purchaser's right; disposition of proceeds; lienor'sliability.

(a)        Before the saleauthorized by G.S. 44A‑43, or other disposition of the property, theoccupant may pay the amount necessary to satisfy the lien plus the reasonableexpenses incurred by the owner for the preservation of the property and therebyredeem the property. Upon receipt of such payment, the owner shall return thepersonal property to the occupant; and thereafter shall have no further claim againstsuch personal property on account of the lien which was asserted. The partialpayment of rent or other charges shall not satisfy the lien or stop or delaythe owner's right to sell the occupant's property unless the owner agrees tosatisfaction or a stop or delay in a writing signed by the owner.

(b)        A purchaser in goodfaith, and without knowledge of any defect in the sale of the personal propertysold to satisfy a lien provided for in this Article takes the property free ofany rights of persons against whom the lien was valid.

(c)        Proceeds of a saleunder this section shall be applied as follows:

(1)        Payment ofreasonable expenses incurred in connection with the sale;

(2)        Payment of theobligation secured by any security interest that was perfected at the time theoccupant stored the property at the self‑service storage facility;

(3)        Payment of theobligation secured by the self‑service storage facility lien;

(4)        Any balance shall bepaid to the occupant or other person lawfully entitled thereto; but if suchperson cannot be found, the balance shall be paid to the clerk of superiorcourt of the county in which the sale took place, to be held by the clerk forthe person entitled thereto.

(d)        If the lienor failsto comply substantially with any of the provisions of this section, he shall beliable to the occupant or any other party injured by such noncompliance in thesum of one hundred dollars ($100.00), together with reasonable attorney's feesas awarded by the court. Damages provided by this section shall be in additionto actual damages to which any party is otherwise entitled.  (1981 (Reg. Sess., 1982), c.1275, s. 1; 2009‑201, s. 1.)