North Carolina

Full Session Law This legislation has two major components: (1) it extends the reach of the State Home Foreclosure Prevention Project, and (2) it modifies the points and fees trigger for determining that a mortgage is high-cost. Extending the State Home Foreclosure Prevention Project (SHFPP) Since 2008, the SHFPP has helped over 4,200 homeowners with subprime loans avoid foreclosure in North Carolina, and has allowed more than 10,000 others to meet housing counselors for free advice and assistance. Beginning November, 1, 2010, this legislation extends the program to cover all home loans whose...

Full Session Law This act, which became effective October 1, 2009, increased the amount of home equity protected against creditors. This "homestead exemption" was raised from $18,500 to $35,000 per individual. Since the exempted amount is per individual, $70,000 is protected for a married couple. For homeowners aged 65 or older who previously owned the home with their deceased spouse, $60,000 is exempted.

Full Session Law As in the past, a homeowners association may impose liens on properties if the owners have balances that are at least 30 days overdue to the association. However, this law, effective October 1, 2009, adds the requirement that they first notify the homeowner. The homeowners association must make reasonable and diligent efforts to ensure that its records include the homeowner's current mailing address, and provide advance notice. At least 15 days before filing a lien, the association must mail a statement to the homeowner at all the following addresses: the physical address of...

Full Session Law This legislation makes it unlawful for a local government to discriminate against affordable housing in its land use or permitting decisions, whether through action or inaction. Either the intent or effect of discriminating against housing developments with units for those with less than 80% of the area median income is a violation of the law. However, it is not a violation if the decision was based on considerations related to limiting high concentrations of affordable housing. This act became effective on August 28, 2009.

Full Session Law This bill clarified what constitutes a violation of reasonable accommodation requirements under the Fair Housing Act. While the required accommodations are not new, the modified structure of the bill clarifies that discriminatory intent is not required to establish unlawful housing discrimination. The amendment went into effect on October 1, 2009. The following are accommodations are required, under the old and new laws: Reasonable modifications to the existing premises that are to be occupied by a handicapped person must be allowed at his or her expense, if such modifications...

Full Session Law This law rewrote the NC Mortgage Lending Act to conform with new federal legislation. Though the bulk of the law remains the same, some new protections were added, including: An increase in the bond required for mortgage brokers, to between $75,000 to $250,000 depending on the broker's activity. Previously the bond requirement was a flat $50,000 An explicit statement of the broker's duty of loyalty to the borrower, prohibiting the broker from making loans that are in his or her best interest rather than the borrower's. The act also allows certain brokers to be licensed upon...

Full Session Law This bill made technical and clarifying changes to anti-predatory lending laws for high-cost and rate-spread mortgages. The law became effective October 1, 2009. High-Cost Loans For high-cost loans, the bill clarified the definition of points and fees to include costs paid by the borrower "at or before closing". Rate-Spread Loans After the updates made through this bill, a rate-spread home loan is a loan that meets all of the following criteria: The annual percentage rate (APR) exceeds the "average prime offer rate" at the time the rate was set by at least 1.5% for first-lien...

Full Session Law This act, which became effective October 1, 2009, prohibits deficiency judgments on predatory home loans in North Carolina. A deficiency judgment is a lender's way of recovering the balance owed on a loan in the event that the proceeds of a foreclosure sale do not fully cover the amount owed. Under this law, deficiency judgments are restricted under the following conditions: The loan was secured by property that is or will be the borrower's principal dwelling The loan principal does not exceed the conforming loan size for a single-family dwelling, as established by Fannie Mae...

Full Session Law This law, which went into effect October 1, 2009, strengthened consumer protections in the areas of foreclosure and debt buying activities. Foreclosure Protections Under this law, the clerk of the court may delay foreclosure hearings for owner-occupied residences by up to 60 days, if the clerk finds good cause to believe the additional time has a reasonable likelihood of allowing resolution of the delinquency without foreclosure. If the home is owner-occupied, the clerk is to inquire about the efforts made by the mortgagee or loan servicer to communicate with the homeowner and...

Full Text of the Law Short Summary of SB 1149 Full Summary of SB 1149 In 1999, North Carolina became the first state to enact legislation to curb predatory mortgage lending. Over the many years since, the North Carolina law has proven its effectiveness in curtailing predatory lending while preserving a robust subprime lending market. During the first year after the law's passage, North Carolina's citizens saved an estimated $100 million as a result of the law. The law did not increase interest rates on subprime loans in N.C, and subprime lending continues to grow in the state (up an estimated...