North Carolina § 45-38 - Recording of foreclosure.
Full text of North Carolina North Carolina General Statutes § 45-38 — Recording of foreclosure., with citation guidance and answers to common questions.
§ 45-38. Recording of foreclosure.
In case of foreclosure of any deed of trust, or mortgage, the trustee, mortgagee, or the trustee's or mortgagee's attorney shall record a notice of foreclosure that includes the date when, and the person to whom, a conveyance was made by reason of the foreclosure. In the event the entire obligation secured by a mortgage or deed of trust is satisfied by a sale of only a part of the property embraced within the terms of the mortgage or deed of trust, the trustee, mortgagee, or the trustee's or mortgagee's attorney shall indicate in the notice of foreclosure which property was sold. A notice of foreclosure shall consist of a separate instrument, or that part of the original deed of trust or mortgage rerecorded, reciting the information required hereinabove, the names of the original parties to the original instrument foreclosed, and the recording data for the instrument foreclosed. A notice of foreclosure shall be indexed by the register of deeds in accordance with G.S. 161-14.1. History (1923, c. 192, s. 2; C.S., s. 2594(a); 1949, c. 720, s. 2; 1963, c. 1021, s. 2; 1971, c. 985; 1991, c. 114, s. 3; 1993, c. 305, s. 24; 2005-123, s. 1; 2006-226, s. 13.) Effect of Amendments. - Session Laws 2005-123, s. 1, effective October 1, 2005, rewrote the section. Session Laws 2006-226, s. 13, effective August 10, 2006, substituted "foreclosure" for "forfeiture," and "G.S. 161-14.1" for "G.S. 161.14.1" in the last sentence of the second paragraph. Legal Periodicals. - For brief comment on the 1949 amendment, see 27 N.C.L. Rev. 479 (1949). For article, "The Paper Chase: Securization, Foreclosure, and the Uncertainty of Mortgage Title," see 63 Duke L. J. 637 (2013).
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 45-38
What does North Carolina General Statutes § 45-38 cover?
Section 45-38 ("Recording of foreclosure.") 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 § 45-38?
A common citation format is "North Carolina General Statutes § 45-38" (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 § 45-38 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.