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NC H407

Bill

Status

Passed

6/12/2013

Primary Sponsor

Rena Turner

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Authorizes clerks of superior court to approve reasonable counsel fees for attorneys serving as trustees in power of sale foreclosure proceedings, in addition to trustee compensation.

  • Counsel fees are presumed reasonable if they comply with G.S. 6-21.2(1) and (2), though clerks may approve higher fees if justified.

  • Allows counsel fees only when attorneys render professional legal services on behalf of trustees that differ from normal trustee duties and would justify hiring outside legal counsel.

  • Adds reasonable counsel fees (when approved by the clerk) to the list of costs and expenses paid from foreclosure sale proceeds, ranked before taxes and special assessments.

  • Effective upon ratification, which occurred June 12, 2013.

Legislative Description

Trustee-Atty Fee/Foreclosures/Clerk Approval

Last Action

Ch. SL 2013-104

6/12/2013

Committee Referrals

Judiciary I4/15/2013
Judiciary Subcommittee A3/25/2013

Full Bill Text

No bill text available