North Carolina passed a bill amending requirements regarding postponement of nonjudicial foreclosure sale. Under the bill, if a nonjudicial foreclosure sale is postponed, the foreclosing lender or servicer must provide a “notice of postponement” to the Clerk of Superior Court (Clerk). If the “notice of postponement” is not received by the Clerk prior to the scheduled time of the foreclosure sale, the lender or servicer must cancel the foreclosure sale and issue a “notice of cancellation” to the Clerk. The bill also requires all notices of postponement or cancellation to be posted in the location at the county courthouse normally used for the posting of public notices. In addition, the bill mandates that all foreclosure sales be held between the hours of 10 a.m. and 4 p.m. on any day on which the clerk’s office is normally open for transactions, and that foreclosure sales begin at the time designated in the Notice of Sale (but in no event later than one hour after the time designated in the Notice of Sale). The bill went into effect July 1, 2018.
See North Carolina General Assembly website for the full text of the Statutes:
https://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S168v5.pdf
