Bill Summary for H 174 (2015-2016)

Summary date: 

Apr 1 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 174 (Public) Filed Monday, March 9, 2015
AN ACT TO AMEND AND ENHANCE CERTAIN NOTICE REQUIREMENTS AND PROTECTIONS FOR TENANTS OF REAL PROPERTIES IN FORECLOSURE AND TO ALLOW FOR PURCHASERS OF REAL PROPERTY UNDER OPTION CONTRACTS TO PURSUE MONETARY DAMAGES SEPARATELY FROM SUMMARY EJECTMENT PROCEEDINGS AND OTHER AMENDMENTS TO THE HOMEBUYER PROTECTION ACT.
Intro. by Stam.

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Bill summary

House amendment makes the following changes to the 2nd edition.

Amends GS 45-21.29(k)(5a) concerning orders for possession adding language that clarifies that any occupant subject to the provisions of GS 45-21.33A must additionally receive notice as required by subdivision (5) of the subsection. 

Amends proposed GS 45-21.33A(d), effect of foreclosure on preexisting tenancy, deleting language that provided that a purchaser must provide a tenant in possession of a single-family residential real property notice to vacate at least 90 days before making an application for possession pursuant to GS 45-21.29(k) when the tenant is the debtor under the security instrument foreclosed or the child, spouse, or parent of debtor. 

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