North Carolina § 45-103 - Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.

§ 45-103. Pre-foreclosure information to be filed with the Administrative Office of the Courts for home loans.

Within three business days of mailing the notice required by G.S. 45-102, the mortgage servicer shall file certain information with the Administrative Office of the Courts. The filing shall be in an electronic format, as designated by the Administrative Office of the Courts, and shall contain the name and address of the borrower, the due date of the last scheduled payment made by the borrower, and the date the notice was mailed to the borrower. The Administrative Office of the Courts shall establish an internal database to track information required by this section. The Housing Finance Agency shall design and develop the State Home Foreclosure Prevention Project database, in consultation with the Administrative Office of the Courts. Only the Administrative Office of the Courts, the Housing Finance Agency, and the clerk of court as provided by G.S. 45-107 shall have access to the database. As permitted by applicable State and federal law, optional information may be requested from the mortgage servicer to facilitate further review by the State Home Foreclosure Prevention Project described in G.S. 45-104. This optional information shall be used by the State Home Foreclosure Prevention Project to prioritize efforts to reach borrowers most likely to avoid foreclosure and to prevent delay for defaults where foreclosure is unavoidable. Repealed by Session Laws 2010-168, s. 1, effective November 1, 2010. History (2008-226, s. 1; 2010-168, ss. 1, 9; 2011-288, s. 2; 2012-79, s. 2.17(b), (g).) Editor's Note. - Session Laws 2008-226, s. 6, as amended by Session Laws 2010-168, s. 9, and Session Laws 2012-79, s. 2.17(g), made this section effective November 1, 2008. Session Laws 2012-79, s. 2.17(g), deleted the sunset provision and thus this Article will not expire May 31, 2013. Session Laws 2012-79, s. 2.17(h) provides: "This section becomes effective December 1, 2012. The North Carolina Housing Finance Agency shall assume the responsibilities designated in this section for operation of the State Home Foreclosure Prevention Project no later than December 31, 2012." Effect of Amendments. - Session Laws 2010-168, s. 1, effective November 1, 2010, in the section catchline, substituted "home loans" for "certain subprime loans"; in subsection (a), in the second sentence, inserted "the due date of the last scheduled payment made by the borrower" and added the last three sentences; in subsection (b), deleted the former second sentence, which read: "The nature of the optional information requested shall be determined in connection with the design of the database established by subsection (c) of this section"; and deleted former subsection (c), which contained the same material as the three sentences added to subsection (a). Session Laws 2011-288, s. 2, effective July 1, 2011, inserted "the Housing Finance Agency" in the last sentence of subsection (a). Session Laws 2012-79, s. 2.17(b), effective December 1, 2012, in subsection (a), substituted "Housing Finance Agency" for "Commissioner of Banks", and added "State Home Foreclosure Prevention Project" in the fourth sentence, and deleted "the Office of Commissioner of Banks," preceding "the Housing Finance Agency" in the fifth sentence.