North Carolina § 45-4 - Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
Full text of North Carolina North Carolina General Statutes § 45-4 — Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action., with citation guidance and answers to common questions.
§ 45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
When the mortgagee in a mortgage, or the trustee in a deed in trust, executed for the purpose of securing a debt, containing a power of sale, dies before the payment of the debt secured in such mortgage or deed in trust, all the title, rights, powers and duties of such mortgagee or trustee pass to and devolve upon the executor or administrator or collector of such mortgagee or trustee, including the right to bring an action of foreclosure in any of the courts of this State as prescribed for trustees or mortgagees, and in such action it is unnecessary to make the heirs at law of such deceased mortgagee or trustee parties thereto. History (1887, c. 147; 1895, c. 431; 1901, c. 186; 1905, c. 425; Rev., s. 1031; C.S., s. 2578; 1933, c. 199.)
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 45-4
What does North Carolina General Statutes § 45-4 cover?
Section 45-4 ("Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 45-4?
A common citation format is "North Carolina General Statutes § 45-4" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 45-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.