§ 45-21.17A. Requests for copies of notice.
§45‑21.17A. Requests for copies of notice.
(a) Any person desiringa copy of any notice of sale may, at any time subsequent to the recordation ofthe security instrument and prior to the filing of notice of hearing providedfor in G.S. 45‑21.16, cause to be filed for record in the office of theregister of deeds of each county where all or any part of the real property issituated, a duly acknowledged request for a copy of such notice of sale. Thisrequest shall be a separate instrument entitled "Request for Notice"and shall be signed and acknowledged by the party making the request, shallspecify the name and address of the party to whom the notice is to be mailed,shall identify the deed of trust or mortgage by stating the names of theparties thereto, the date of recordation, and the book and page where the sameis recorded, and shall be in substantially the following form:
"REQUEST FOR NOTICE"
In accordance with theprovisions of G.S. 45‑21.17A, request is hereby made that a copy of anynotice of sale under the deed of trust (mortgage) recorded on ______, ______,in Book ____, page ___, records of ____ County, North Carolina, executed by_______ as trustor (mortgagor), in which __________ is named as beneficiary(mortgagee), and __________ as trustee, be mailed to _______ at the followingaddress: _____________________.
Signature:___________________________________
[Acknowledgement]
(b) Register of Deeds'Duties. Upon the filing for record of such request, the register of deedsshall index in the general index of grantors the names of the trustors(mortgagors) recited therein, and the names of the persons requesting copies,with a marginal entry in the index of the book and page of the recordedsecurity instrument to which the request refers; or upon the filing for recordof such request, the register of deeds may, instead of indexing such request onthe general index of grantors, stamp upon the face of the security instrumentreferred to in the request the book and page of each request for noticethereunder.
(c) Mailing Notice. The mortgagee, trustee, or other person authorized to conduct the sale shall atleast 20 days prior to the date of the sale cause to be deposited in the UnitedStates mail an envelope with postage prepaid containing a copy of the notice ofsale, addressed to each person whose name and address are set forth in theRequest for Notice, and directed to the address designated in such request.
(d) Effect of Requeston Title. No request for a copy of any notice filed pursuant to this sectionnor any statement or allegation in any such request nor any record thereofshall affect the title to real property, or be deemed notice to any person thatthe person requesting copies of notice has any claim or any right, title orinterest in, or lien or charge upon, the property described in the deed oftrust or mortgage referred to therein.
(e) Evidence ofCompliance. The affidavit of the mortgagee, trustee, or other personauthorized to conduct the sale that copies of the notice of sale have beenmailed to all parties filing requests for the same hereunder shall be deemedprima facie true. If on hearing it is proven that a party seeking to have theforeclosure sale set aside or seeking damages resulting from the foreclosuresale was mailed notice in accordance with this section or had actual notice ofthe sale before it was held (or if a resale was involved, prior to the date ofthe last resale), then the party shall not prevail. Costs, expenses, andreasonable attorneys' fees incurred by the prevailing party in any action toset aside the foreclosure sale or for damages resulting from the foreclosuresale shall be allowed as of course to the prevailing party.
(f) Action to SetForeclosure Sale Aside for Failure to Comply. A person entitled to notice ofsale by virtue of this section shall not bring any action to set the sale asideon grounds that he was not mailed the notice of sale unless such action isbrought prior to the filing of the final report and account as provided in G.S.45‑21.33, if the property was purchased by someone other than the securedparty; or if brought by the secured party, unless such action is brought withinsix months of the date of such filing and prior to the time the secured partysells the property to a bona fide purchaser for value, if the property waspurchased by the secured party. In either event, the party bringing such anaction shall also tender an amount exceeding the reported sale price or theamount of the secured party's interest in the property, including all expensesand accrued interest, whichever is greater. Such tender shall be irrevocablepending final adjudication of the action.
(g) Action for Damagesfrom Foreclosure Sale for Failure to Comply. A person entitled to notice ofsale by virtue of this section shall not bring any action for damages resultingfrom the sale on grounds that he was not mailed the notice unless such actionis brought within six months of the date of the filing of the final report andaccount as provided in G.S. 45‑21.33. The party bringing such an actionshall also deposit with the clerk a cash or surety bond approved by the clerkand in such amount as the clerk deems adequate to secure the party defendingthe action for such costs, expenses, and reasonable attorneys' fees to beincurred in the action. (1993, c. 305, s. 11; 1999‑456, s. 59.)