NC S1400

Prohibits mortgagees, trustees, or creditors from exercising power of sale during a mortgagor's period of military service or within 90 days after military service ends.

Applies only to mortgages and deeds of trust that originated before the mortgagor's military service began.

Requires mortgagees or trustees to file certification with the clerk of court that any foreclosure hearing will not occur during or within 90 days after the debtor's military service.

Allows waiver of protections only through written agreement executed during or after military service, separate from the underlying obligation, in at least 12-point type.

Defines military service to include active duty in Armed Forces, National Guard service under presidential call for 30+ consecutive days, and Public Health Service or NOAA commissioned officer service; effective January 1, 2011.