§ 45-21.46. Validation of foreclosure sales where posting and publication not complied with. - North Carolina Statutes

§45‑21.46.  Validation of foreclosure sales where posting and publicationnot complied with.

(a)        In all cases offoreclosure of mortgages or deeds of trust secured by real estate pursuant topower of sale which foreclosures were commenced on or subsequent to June 6,1975, and consummated prior to June 1, 1983, in which foreclosure sales therequirements for posting and publication of notice of sale set forth in G.S. 45‑21.17were complied with but the requirements of the mortgage or deed of trust as toposting and publication of notice of sale were not complied with, arevalidated, ratified and confirmed and shall be effective to pass title to realestate to the same extent as though all requirements of the mortgage or deed oftrust respecting posting and publication of notice of sale were complied with;unless an action to set aside such foreclosure is commenced before January 1,1984.

(b)        All foreclosures ofmortgages or deeds of trust secured by real estate pursuant to power of sale,which foreclosures were commenced on or subsequent to June 1, 1983, andconsummated prior to April 1, 1985, in which foreclosure sales the requirementsfor posting and publication of notice of sale set forth in G.S. 45‑21.17were complied with but the requirements of the mortgage or deed of trust as toposting and publication of notice of sale were not complied with, arevalidated, ratified and confirmed and shall be effective to pass title to realestate to the same extent as though all requirements of the mortgage or deed oftrust respecting posting and publication of notice of sale were complied with;unless an action to set aside such foreclosure is commenced in the periodbeginning January 1, 1984, and ending January 1, 1986. (1983,c. 582, s. 1; c. 738, s. 1; 1985, c. 341.)