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NC H1034

Bill

Status

Introduced

5/2/2024

Primary Sponsor

Celeste Cairns

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Establishes a nonjudicial foreclosure process for timeshare assessment liens in North Carolina, allowing managing entities to foreclose through power of sale similar to mortgage foreclosures instead of requiring judicial proceedings.

  • Requires managing entities to provide owners with 15 days' notice of assessment amount due before filing a lien claim, and additional notice of foreclosure intent with information on cure rights and the option to object and require judicial foreclosure.

  • Caps combined attorneys' fees and trustee's commission at $1,200 for uncontested foreclosures where owners do not dispute the debt or lien validity, excluding other costs and expenses.

  • Prohibits nonjudicial foreclosure for liens securing only fines, interest on fines, or service and administrative fees; these debts may only be enforced through judicial foreclosure.

  • Becomes effective October 1, 2024, for claims of lien filed on or after that date; appropriates $10,000 to the North Carolina Real Estate Commission to inform licensees of the new process.

Legislative Description

Nonjudicial Foreclosure of Timeshare Liens

Appropriations; Budgeting; Commissions; Debtor & Creditor; Foreclosures; Housing; Rentals & Leasing; Licensing & Certification;

Last Action

Ref to the Com on Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

5/7/2024

Committee Referrals

Judiciary I5/7/2024

Full Bill Text

No bill text available