§ 45-107. (For expiration date, see note) Foreclosure filing. - North Carolina Statutes

§ 45‑107.  (Forexpiration date, see note) Foreclosure filing.

(a)        For the duration ofthe program authorized by this Article, foreclosure notices filed on subprimeloans on or after November 15, 2008, shall contain a certification by thefiling party that the pre‑foreclosure notice required by G.S. 45‑102and the pre‑foreclosure information required by G.S. 45‑103 wereprovided in accordance with this Article and that the periods of timeestablished by the Article have elapsed.

(b)        The clerk ofsuperior court or other judicial officer may have access to the pre‑foreclosuredatabase to confirm information provided in subsection (a) of this section. Amaterially inaccurate statement in the certification shall be cause fordismissal without prejudice of any foreclosure proceeding on a primaryresidence initiated by the mortgage servicer and for payment by the filingparty of costs incurred by the borrower in defending the foreclosureproceeding.  (2008‑226,s. 1.)