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NC H469

Bill

Status

Engrossed

4/20/2023

Primary Sponsor

George Cleveland

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Extends the period during which mortgagees, trustees, or creditors cannot exercise power of sale on servicemembers' properties from 90 days to 365 days after the end of military service.

  • Applies only to mortgages and deeds of trust that originated before the servicemember's period of military service.

  • Requires creditors seeking to exercise power of sale to file certification with the clerk of court that hearings will not occur during or within 365 days after military service.

  • Allows servicemembers to waive protections through written agreement separate from the mortgage document, with waiver text in at least 12 point type specifying the affected obligation.

  • Becomes effective December 1, 2023, and applies to notices of hearings filed on or after that date.

Legislative Description

Foreclosures/Extend Servicemember Protections

Armed Forces; Commerce; Consumer Protection; Debtor & Creditor; Foreclosures; Personnel; Property; Public; Real Estate

Last Action

Ref To Com On Rules and Operations of the Senate

4/20/2023

Committee Referrals

Rules and Operations of the Senate4/20/2023
Rules, Calendar, and Operations of the House4/5/2023
Judiciary I3/27/2023

Full Bill Text

No bill text available