GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2019-53
HOUSE BILL 531
AN ACT to make changes to the general statutes to reflect the restoration of the federal protecting tenants at foreclosure act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 45‑21.29 reads as rewritten:
"§ 45‑21.29. Orders for possession.
(k) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of application therefor, may be issued by the clerk of the superior court of the county in which the property is sold if all of the following apply:
(5) Ten days' notice has been given to the party or parties who remain in possession at the time application is made, or, in the case of residential property containing 15 or more rental units, 30 days' notice has been given to the party or parties who remain in possession at the time the application is made.
(5a) If the property is
residential and occupied pursuant to a lease, written or oral, covered
by the federal Protecting Tenants at Foreclosure Act (PTFA), Pub. L. 111‑22,
Title VII, Sections 701 through 703, as amended, the provisions of G.S.
45‑21.33A PTFA have been satisfied. Any occupant subject to
the provisions of G.S. 45‑21.33A must additionally receive notice as required
by subdivision (5) of this subsection.
(6) Application is made by petition to the clerk by the mortgagee, the trustee, the purchaser of the property, or any authorized representative of the mortgagee, trustee, or purchaser of the property.
SECTION 2. G.S. 45‑21.33A is repealed.
SECTION 3. This act becomes effective October 1, 2019, and applies to petitions filed on or after that date.
In the General Assembly read three times and ratified this the 20th day of June, 2019.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Approved 1:35 p.m. this 26th day of June, 2019