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NC H1034
Bill
Status
5/2/2024
Primary Sponsor
Celeste Cairns
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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