As I noted in a prior blog post, the US Congress restored the federal Protecting Tenants at Foreclosure Act (PTFA) without expiration on June 23, 2018. The PTFA has been in effect, expired, and restored at various points over the past decade. During one period after the PTFA expired, the NC General Assembly passed a law (S.L. 2015-178) to provide somewhat similar (but not exact, more on that below) protections for tenants of foreclosed property under state law. Most recently, the NC General Assembly took action to repeal that law in light of the permanent restoration of the PTFA. See S.L. 2019-53 and S.L. 2019-243. This blog post tracks where we’ve been and where the law currently stands related to the PTFA and power of sale foreclosures under G.S. Chapter 45 in NC.Continue Reading
Cheryl recently posted about the Servicemembers’ Civil Relief Act (SCRA). The SCRA is intended to provide protections for servicemembers on active duty and returning from active duty by suspending certain legal processes against them. The SCRA applies to all non-criminal proceedings, including areas subject to the clerk’s authority such as adoptions, legitimations, foreclosures, and default judgments, among others. Cheryl’s post identifies and walks through four steps judges and clerks should follow in applying the SCRA to most non-criminal proceedings. However, with regard to non-judicial power of sale foreclosures, a different analysis applies. These foreclosures are filed before the clerk of superior court under Chapter 45 of the General Statutes.