§ 45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action. - North Carolina Statutes

Article2.

Right to Foreclose orSell under Power.

§ 45‑4.  Representativesucceeds on death of mortgagee or trustee in deeds of trust; parties to action.

When the mortgagee in amortgage, or the trustee in a deed in trust, executed for the purpose of securinga debt, containing a power of sale, dies before the payment of the debt securedin such mortgage or deed in trust, all the title, rights, powers and duties ofsuch mortgagee or trustee pass to and devolve upon the executor oradministrator or collector of such mortgagee or trustee, including the right tobring an action of foreclosure in any of the courts of this State as prescribedfor trustees or mortgagees, and in such action it  is unnecessary to make theheirs at law of such deceased mortgagee or trustee parties thereto. (1887,c. 147; 1895, c. 431; 1901, c. 186; 1905, c. 425; Rev., s. 1031; C.S., s. 2578;1933, c. 199.)