Title 12, Court Procedure

§ 4855. Close jail execution, when not to issue When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and …

§ 4856. Judgment for defendant; execution When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor. (Amended 1971, No. 185 (Adj. Sess.), § 141, eff. M…

§ 4911. Entry or detainer with force; forcible entry prohibited A person shall not make entry into lands, tenements, or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner. A pe…

§ 4912. Trial of forcible entry and detainer A district judge may inquire by a jury against those who make unlawful and forcible entry into lands, tenements, or other possessions and with strong hand detain the same, and against those who, having made a lawful and peaceable entry…

§ 4913. Restitution When it is found upon such inquiry that an unlawful and forcible entry has been made, and that such lands, tenements, or other possessions are held and detained by force and strong hand or that the same, after a lawful entry, are held unlawfully and with force…

§ 4914. Complaint and warrant When a complaint is formally made in writing, to a district judge of such unlawful or forcible entry or detainer, he or she shall issue a warrant returnable within such county not less than six business days thereafter, which shall be directed to the…

§ 4916. Verdict of guilty, restitution ordered when; fine When the jury finds the person against whom the complaint is made guilty of such forcible entry or detainer, the district judge shall enter up judgment for the complainant to have restitution of the premises, and impose su…

§ 4917. Costs; verdict guilty In his or her writ of restitution, the district judge may order the costs taxed to be levied. (Amended 1973, No. 249 (Adj. Sess.), § 35, eff. April 9, 1974.)

§ 4918. Costs; verdict not guilty When the jury finds that the person complained against is not guilty, the district judge shall tax costs against the complainant, and issue execution accordingly. Costs shall not be taxed against such complainant when the party complained against…

§ 4919. Proceedings when respondent cannot be found When the sheriff or his or her deputy cannot find the party against whom the warrant is issued, six business days before the time appointed for returning the same, he or she may leave a true and attested copy thereof at the usua…

§ 4920. Trespass for treble damages The complainant in an action for forcible entry and detainer, who recovers against the person complained of, may recover treble damages, with costs of suit, by an action for trespass against the offender.

§ 4921. Entry or detainer without force—complaint; trial; writ of restitution When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession the…

§ 4922. Mode of original process; no fine As in civil causes, the original process in such proceeding shall be by summons or attachment, and the person complained against shall not be fined.

§ 4923. Action of trespass to recover damages The complainant who recovers against the person complained of in an action of entry and detainer commenced under the provisions of section 4921 of this title may recover treble damages from the time of notice given to quit the premise…

§ 4924. Exceptions Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement accepted by the tenant or to a person …

§ 4926. Limitation of action An action shall not be maintained under this chapter against a person who has continued in possession three years after the determination of the time for which the premises are demised or let to him or her or those under whom he or she claims, or agai…

§ 4931. Definitions As used in this chapter: (1) “Agricultural activity” includes the growing, raising, and production of horticultural and silvicultural crops, grapes, berries, trees, fruit, poultry, livestock, grain, hay, and dairy products. (2) “Dwelling house” means a residen…

§ 4932. Venue; joinder of parties; recording (a) Actions to foreclose a mortgage under subchapter 2 or 3 of this chapter shall be brought in the Civil Division of the Superior Court for the county where the land lies, or, if the land described in the mortgage lies in more than on…

§ 4934. Supplemental judgment joining parties; recording At any time, without further notice or service on the purchaser or mortgagor or lienholder whose interest in the property being foreclosed first arose after the filing of the complaint in the town clerk’s office, and upon f…

§ 4935. Taxes paid by mortgagee A tax assessed upon mortgaged real estate in this State may be paid by the mortgagee or assignee of the mortgage upon such property. The amount so paid, including costs, if any, shall thereupon be added to and become a part of the debt or obligatio…

§ 4936. Foreclosure of real or personal property A mortgage or a security agreement constituting a lien on both real and personal property to secure the payment of a debt, whether evidenced by one or more instruments, may be foreclosed in an action under subchapter 2 or 3 of this…

§ 4937. Attorney’s fees When a mortgage contains an agreement on the part of the mortgagor to pay the mortgagee, in the event of foreclosure, the attorney’s fees incident thereto, and claim is made therefor in the complaint, the court in which the complaint is brought shall allow…

§ 4938. Effect on bankruptcy proceedings Nothing in this chapter shall be construed to supersede any provision of Title 11 of the United States Code. (Added 2011, No. 102 (Adj. Sess.), § 1.)

§ 4939. Appeals When a judgment is for the foreclosure of a mortgage, permission of the court shall be required for review. (Added 2011, No. 102 (Adj. Sess.), § 1.)

§ 4941. Decree foreclosing equity of redemption; writ of possession (a) In any action for foreclosure with regard to any mortgage encumbering property, the court may, if no sale is requested by the plaintiff or ordered by the court pursuant to subsection (b) of this section, issu…

§ 4945. Judicial sale foreclosure (a) All liens and mortgages affecting real property may, on the written motion of any party to any suit for foreclosure of such liens or mortgages, or at the discretion of the court before which the foreclosure proceedings are pending, be foreclo…

§ 4946. Procedure (a) Order for judicial sale. Upon entry of a decree of judicial sale foreclosure, the court shall order that the mortgaged property be sold at a public sale if it is not redeemed within the time period allowed by the court. The public sale shall be conducted on …

§ 4947. Foreclosure of equity of redemption; recording (a) In an action for foreclosure under this subchapter where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be reco…

§ 4948. Reinstatement of mortgage prior to sale (a) Upon agreement of the mortgagor and mortgagee, the mortgagor may reinstate or modify the loan after the expiration of the redemption period set forth in the judgment order but before the public sale. Upon reinstatement or modifi…

§ 4949. Mortgagor’s redemption prior to judicial sale (a) The mortgagor is entitled to redeem the premises at any time prior to the public sale by paying the full amount due under the judgment order and such other amounts, including costs and expenses of sale, accruing postjudgme…

§ 4951. Judgment vacated Notwithstanding any provision to the contrary in this chapter or other law, the mortgagor and mortgagee may stipulate and move to vacate the judgment at any time prior to the public sale. If the court approves the motion, the judgment shall be vacated and…

§ 4952. Sale procedures (a) Generally. If the mortgaged property is not redeemed, the plaintiff shall sell the mortgaged property in accordance with this section, complying with all court orders and applicable power of sale provisions. (b) Notice of sale; publication. Notice of s…

§ 4953. Conduct and location of sale (a) Location. The sale shall be held at the mortgaged property unless another place for sale is directed by the court. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in t…

§ 4954. Procedure following sale (a) Confirmation order. Following the sale, the plaintiff shall file with the court a report on oath of the sale, together with a request for confirmation of the sale, which shall include an accounting of the sale proceeds, and a proposed order co…

§ 4961. Power of nonjudicial sale Whether or not a power of sale is contained in a mortgage relating to any property, except for farmland or a dwelling house owned by a natural person, instead of a suit and decree of foreclosure, the mortgagee may, upon breach of mortgage conditi…

§ 4962. Notice of intention to foreclose (a) At least 30 days prior to service of a notice of sale pursuant to subsection 4952(c) of this title, notice of intention to foreclose in a writing complying with this section shall be sent to the mortgagor by registered or certified mai…

§ 4963. Publication of notice of sale Notice of a sale conducted pursuant to this subchapter shall be published once in each of three successive weeks, in a newspaper of general circulation in the town where the land lies, the first publication to be not less than 21 days before …

§ 4964. Recording The mortgagee shall record the notice of sale in the land records of the town or city where the land lies not less than 60 days prior to the sale. The filing of the notice of the sale shall be in lieu of filing a foreclosure complaint under section 4932 of this …

§ 4965. Service; form (a)(1) In all cases, unless service is waived under subsection 4966(g) of this title, a copy of the notice of sale shall be served on the mortgagor or his or her representative in interest by: (A) sending the notice by registered or certified mail addressed …

§ 4966. Conduct and location of sale (a) The sale shall be held at the mortgaged property except that it may be held elsewhere if agreed to in writing by the mortgagor and the mortgagee not less than 60 days nor more than 90 days before the sale. At the sale, the mortgaged proper…

§ 4967. Recording following sale (a) Within 90 days after the sale, the mortgagee selling pursuant to the power shall cause the foreclosure deed and an accompanying affidavit to be recorded in the land records of the town where the property is situated. The affidavit setting fort…

§ 4968. Transfer of title Title to the foreclosed mortgaged property under this section shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the mortgaged property shall pass to the purchaser free and clear of al…

§ 4969. Failure of sale; resale If the purchaser does not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void. (Added 2011, No. 102 (Adj. …

§ 4970. Form and effect of foreclosure deed (a) The foreclosure deed shall be in substantially the following form: ______ of ______ County, ______ State of ______ , holder of a mortgage from ____ to ____ dated ____ , recorded in ____ Book____ at Page ____ of the Town of ____ Land…

§ 4981. Grant defined; acts of incorporation The word “grant” as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals righ…

§ 4982. Grantee defined The word “grantee” as used in this chapter shall mean the person to whom such land, rights, or privileges were granted, and the representatives or assigns of such persons, or the corporation thus created.