Article 1.
Various Provisions Related to Aliens.
§ 64-1. Rights as to real property.
It is lawful for aliens to take both by purchase and descent, or other operation of law, any lands, tenements or hereditaments, and to hold and convey the same as fully as citizens of this State can or may do, any law or usage to the contrary notwithstanding. (1870-1, c. 255; Code, s. 7; Rev., s. 182; C.S., s. 192; 1935, c. 243; 1939, c. 19.)
§ 64-1.1. Secretary of State to collect information as to foreign ownership of real property. [Repealed.] (1979, c. 610; repealed by Session Laws 2021-180, s. 37.11(a), effective November 18, 2021.)
§ 64-2. Contracts validated.
All contracts to purchase or sell real estate by or with aliens, heretofore made, shall be deemed and taken as valid to all intents and purposes. (1870-1, c. 255, s. 2; Code, s. 8; Rev., s. 183; C.S., s. 193.)
§ 64-3. Nonresident aliens' rights of inheritance.
No alien residing outside the United States or its territories shall be entitled to take personal property located in this State by succession or testamentary disposition if the laws of the nation of which such alien is a resident prohibit residents of the United States from inheriting personal property located within that nation. Except as hereinabove provided, no alien shall, by reason of his citizenship or place of residence, be disqualified from inheriting property in this State. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. 797, s. 1.)
§ 64-4. Escheats.
If a decedent owning personal property located within North Carolina shall leave no heirs, heirs at law or devisees other than persons disqualified from inheritance under G.S. 64-3, then such personal property shall escheat. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. 797, s. 2; 2011-284, s. 60.)
The burden of proof in any action or proceeding to disqualify a nonresident alien from taking personal property located within this State by succession or testamentary disposition by reason of the provisions of G.S. 64-3, shall be upon the person asserting the disqualification. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. 797, s. 3.)
§ 64-6: Reserved for future codification purposes.
§ 64-7: Reserved for future codification purposes.
§ 64-8: Reserved for future codification purposes.
§ 64-9: Reserved for future codification purposes.
§ 64-10: Reserved for future codification purposes.
§ 64-11: Reserved for future codification purposes.
§ 64-12: Reserved for future codification purposes.
§ 64-13: Reserved for future codification purposes.
§ 64-14: Reserved for future codification purposes.
§ 64-15: Reserved for future codification purposes.
§ 64-16: Reserved for future codification purposes.
§ 64-17: Reserved for future codification purposes.
§ 64-18: Reserved for future codification purposes.
§ 64-19: Reserved for future codification purposes.
§ 64-20: Reserved for future codification purposes.
§ 64-21: Reserved for future codification purposes.
§ 64-22: Reserved for future codification purposes.
§ 64-23: Reserved for future codification purposes.
§ 64-24: Reserved for future codification purposes.
Article 2.
Verification of Work Authorization.
§ 64-25. Definitions.
The following definitions apply in this Article:
(1) Commissioner. - The North Carolina Commissioner of Labor.
(2) Employ. - Hire an employee.
(3) Employee. - Any individual who provides services or labor for an employer in this State for wages or other remuneration. The term does not include an individual whose term of employment is less than nine months in a calendar year.
(4) Employer. - Any person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. This term does not include State agencies, counties, municipalities, or other governmental bodies.
(5) E-Verify. - The federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law.
(6) Unauthorized alien. - As defined in 8 U.S.C. § 1324a(h)(3). (2011-263, s. 3; 2013-418, s. 2(f).)
§ 64-26. Verification of employee work authorization.
(a) Employers Must Use E-Verify. - Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify.
(b) Employer Preservation of E-Verify Forms. - Each employer shall retain the record of the verification of work authorization required by this section while the employee is employed and for one year thereafter.
(c) Repealed by Session Laws 2013-418, s. 2(g), effective September 4, 2013. (2011-263, s. 3; 2013-418, s. 2(g).)
§ 64-27. Commissioner of Labor to prepare complaint form.
(a) Preparation of Form. - The Commissioner shall prescribe a complaint form for a person to allege a violation of G.S. 64-26 or G.S. 143-133.3. The form shall clearly state that completed forms may be sent to the Commissioner.
(b) Certain Information Not Required. - The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint notarized. (2011-263, s. 3; 2015-294, s. 3.)
§ 64-28. Reporting of complaints.
(a) Filing of Complaint. - Any person with a good faith belief that a violation of G.S. 64-26 or G.S. 143-133.3 has occurred may file a complaint with the Commissioner setting forth the basis for that belief. The complaint may be on a form prescribed by the Commissioner pursuant to G.S. 64-27 or may be made in any other form that gives the Commissioner information that is sufficient to proceed with an investigation pursuant to G.S. 64-29. Nothing in this section shall be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form.
(b) False Statements a Misdemeanor. - A person who knowingly files a false or frivolous complaint under this section is guilty of a Class 2 misdemeanor. (2011-263, s. 3; 2015-294, s. 4.)
§ 64-29. Investigation of complaints.
(a) Investigation. - Upon receipt of a complaint filed in accordance with G.S. 64-28, the Commissioner shall investigate whether a violation of G.S. 64-26 or G.S. 143-133.3 has in fact occurred.
(b) Certain Complaints Shall Not Be Investigated. - The Commissioner shall not investigate complaints that are based solely on race, religion, gender, ethnicity, or national origin.
(c) Assistance by Law Enforcement. - The Commissioner may request that the State Bureau of Investigation assist in investigating a complaint under this section.
(d) Subpoena for Production of Documents. - The Commissioner may issue a subpoena for production of employment records that relate to the recruitment, hiring, employment, or termination policies, practices, or acts of employment as part of the investigation of a valid complaint under this section. (2011-263, s. 3; 2015-294, s. 5.)
§ 64-30. Actions to be taken; hearing.
If, after an investigation, the Commissioner determines that the complaint is not false or frivolous:
(1) If the alleged violation is of G.S. 64-26:
a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil penalties in accordance with the provisions of this Article.
b. If, during the course of the hearing required by sub-subdivision a. of this subdivision of this section, the Commissioner concludes that there is a reasonable likelihood that an employee is an unauthorized alien, the Commissioner shall notify the following entities of the possible presence of an unauthorized alien:
1. United States Immigration and Customs Enforcement.
2. Local law enforcement agencies.
(2) If the alleged violation is of G.S. 143-133.3, the Commissioner shall hold a hearing to determine if a violation of the applicable statute has occurred and, if appropriate, shall take action under G.S. 64-33.1. (2011-263, s. 3; 2015-294, s. 6.)
§ 64-31. Consequences of first violation of G.S. 64-26.
(a) Affidavit Must Be Filed. - For a first violation of G.S. 64-26, the Commissioner shall order the employer to file a signed sworn affidavit with the Commissioner within three business days after the order issued pursuant to this subsection is issued. The affidavit shall state with specificity that the employer has, after consultation with the employee, requested a verification of work authorization through E-Verify.
(b) Effect of Failure to File Affidavit. - If an employer fails to timely file an affidavit required by subsection (a) of this section or by G.S. 64-32 or G.S. 64-33, the Commissioner shall order the employer to pay a civil penalty of ten thousand dollars ($10,000). (2011-263, s. 3; 2015-294, s. 7.)
§ 64-32. Consequences of second violation of G.S. 64-26.
For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-31, the Commissioner shall order the measures required by G.S. 64-31(a) and shall also order the employer to pay a civil penalty of one thousand dollars ($1,000), regardless of the number of required employee verifications the employer failed to make. (2011-263, s. 3; 2015-294, s. 8.)
§ 64-33. Consequences of third or subsequent violation of G.S. 64-26.
For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-32, the Commissioner shall order the measures required by G.S. 64-31(a), and shall also order the employer to pay a civil penalty of two thousand dollars ($2,000) for each required employee verification the employer failed to make. (2011-263, s. 3; 2015-294, s. 9.)
§ 64-33.1. Consequences of violation of G.S 143-133.3.
For violation of G.S. 143-133.3, the Commissioner shall notify the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, found to have committed the violation that the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, is in violation of the applicable statute. The Department of Labor shall maintain a list of any boards or governing bodies of the State, or of any institutions of the State government, or of any political subdivisions of the State, issued notices pursuant to this section and shall make that list available on its website. (2015-294, s. 10; 2025-25, s. 29(5).)
§ 64-34. Commissioner to maintain copies of orders.
The Commissioner shall maintain copies of orders issued pursuant to G.S. 64-31, 64-32, and 64-33, and shall maintain a database of the employers and business locations that have a violation of G.S. 64-26 and make the orders available on the Commissioner's website. (2011-263, s. 3; 2025-25, s. 29(5).)
§ 64-35. Work authorization shall be verified through the federal government.
When investigating a complaint under this Article, the Commissioner shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. § 1373(c). The Commissioner shall not attempt to independently make a final determination of whether an alien is authorized to work in the United States. (2011-263, s. 3.)
§ 64-36. Appeal of Commissioner's order.
A determination by the Commissioner pursuant to this Article shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the employer charged with the violation takes exception to the determination, in which event final determination shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B of the General Statutes and in a judicial proceeding pursuant to Article 4 of Chapter 150B of the General Statutes. (2011-263, s. 3.)
§ 64-37. Rules.
The Commissioner may adopt rules needed to implement this Article. (2011-263, s. 3.)
§ 64-38. Article does not require action that is contrary to federal or State law.
This Article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or State law. (2011-263, s. 3.)
§ 64-39. Reserved for future codification purposes.
§ 64-40. Reserved for future codification purposes.
§ 64-41. Reserved for future codification purposes.
§ 64-42. Reserved for future codification purposes.
§ 64-43. Reserved for future codification purposes.
§ 64-44. Reserved for future codification purposes.
§ 64-45. Reserved for future codification purposes.
§ 64-46. Reserved for future codification purposes.
§ 64-47. Reserved for future codification purposes.
§ 64-48. Reserved for future codification purposes.
§ 64-49. Reserved for future codification purposes.
Article 3.
Prohibit Adversarial Foreign Government Acquisition of High Purity Quartz.
§ 64-50. Title.
This act shall be known and be cited as the North Carolina High Purity Quartz Protection Act. (2024-45, s. 10(a).)
§ 64-51. Purpose.
The General Assembly finds that high purity quartz is a highly valuable resource used in the manufacture of semiconductors, optical fibers, circuit boards, and other technologically advanced components and it is therefore in the public interest for the State to guard its deposits of high purity quartz from the potential of adversarial foreign government control in order to protect our vital mineral and economic resources. (2024-45, s. 10(a).)
§ 64-52. Definitions.
As used in this Article, the following definitions apply:
(1) Adversarial foreign government. - A state-controlled enterprise or the government of a foreign nation that has received a designation under 15 C.F.R. § 7.4 from a determination by the United States Secretary of Commerce that the entity has engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons.
(2) Controlling interest. - Possession of more than fifty percent (50%) of the ownership interest in an entity. The term also includes possession of fifty percent (50%) or less of the ownership interest in an entity if an owner directs the business and affairs of the entity without the requirement or consent of any other party.
(3) High purity quartz. - A mineral made of silicon dioxide and containing fewer than 50 parts per million of impurity elements.
(4) Interest. - Any estate, remainder, or reversion, or any portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause the transfer of legal or equitable title to land covered by G.S. 64-53(a); or ownership or partial ownership of a mining operation covered under G.S. 64-53(a).
(5) State-controlled enterprise. - A business enterprise, however denominated, in which a foreign government has a controlling interest. (2024-45, s. 10(a).)
§ 64-53. Adversarial foreign government acquisition of high purity quartz resources prohibited.
(a) Notwithstanding any provision of law to the contrary, no adversarial foreign government shall purchase, acquire, lease, or hold any interest in the following:
(1) A quartz mining operation.
(2) Land containing commercially valuable amounts of high purity quartz.
(b) Any transfer of an interest in land or a mining operation in violation of this section shall be void.
(c) The responsibility for determining whether an individual or other entity is subject to this Article rests solely with the United States Secretary of Commerce and the State of North Carolina and no other individual or entity. An individual or other entity who is not an adversarial foreign government shall bear no civil or criminal liability for failing to determine or make inquiry of whether an individual or other entity is an adversarial foreign government. (2024-45, s. 10(a).)
Article 4.
(Effective April 1, 2027) Prohibit Adversarial Foreign Party Acquisition of Certain Lands.
§ 64-60. (Effective April 1, 2027) Title.
This act shall be known and be cited as the North Carolina Farmland and Military Protection Act. (2026-54, s. 1.)
§ 64-61. (Effective April 1, 2027) Purpose.
The General Assembly finds that it is in the public interest for the State to exercise its governmental police power to guard its agricultural land and military installations from the potential of adversarial foreign government control in order to ensure that the State's farmers are able to produce a safe, abundant, and affordable supply of food and fiber and to protect our national security for the benefit of the people of this State and the United States. (2026-54, s. 1.)
§ 64-62. (Effective April 1, 2027) Definitions.
As used in this Article, the following definitions apply:
(1) Adversarial foreign government. - A state-controlled enterprise or the government of a country or group listed in International Traffic in Arms Regulation 22 C.F.R. § 126.1(d).
(2) Agricultural land. - Any land situated in this State that is used for agricultural production purposes as defined in G.S. 106-581.1(1) through (4). The term does not include land situated in this State that is leased for agricultural research and development purposes or other activities for the purpose of producing inputs or products for farmers or other end users, provided that the acreage leased by the lessee does not exceed 250 acres in the aggregate.
(3) De minimis direct interest. - Any ownership of land resulting from:
a. Ownership of registered equities in a publicly traded company owning the land and if the ownership interest in the company is either of the following:
1. Less than ten percent (10%) of any class of registered equities. Ownership of registered equities is determined by processes established under federal law.
2. A noncontrolling interest in an entity controlled by a company that is both registered with the United States Securities and Exchange Commission as an investment adviser under the Investment Advisers Act of 1940, as amended, and is not a foreign entity.
b. Any passive ownership interest of a prohibited foreign party in an entity, provided that the prohibited foreign party does not possess, by virtue of that ownership interest or otherwise, the power to direct or cause the direction of the management or policies of the entity with respect to the interest in real property.
(4) Foreign government. - Any government other than: (i) the federal government, (ii) the government of a state, (iii) a political subdivision of a state, or (iv) federally or state recognized tribal governments.
(5) Interest. - Any estate, remainder, or reversion, or any portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause the transfer of legal or equitable title to land described in G.S. 64-63(a), including, without limitation, a lease of land described in G.S. 64-63(a): (i) for a term of one year or longer or (ii) renewable by option for terms which, if the options were all exercised, would total one year.
(6) Military installation. - Fort Bragg, Pope Army Airfield, Marine Corps Base Camp Lejeune, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, Air Route Surveillance Radar (ARSR-4) at Fort Fisher, North Carolina National Guard facilities, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any military training facility located within the State that is subject to the installations' oversight and control. Military installation does not include churches, schools, offices, or residential facilities outside the defined boundaries of the above named facilities, and does not include temporary military operations areas. The North Carolina Real Estate Commission, in coordination with the Department of Military and Veterans Affairs, will develop, publish, and maintain a map with the bases and lines drawn for the applicable mileage from the military boundaries for public use.
(7) Party. - Any corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or any other legal entity.
(8) Prohibited foreign party. - Any of the following:
a. An adversarial foreign government or a foreign government formed within an adversarial foreign government.
b. An entity or trust, other than a government, that is created or organized under the laws of a foreign government within an adversarial foreign government.
c. An entity or trust, other than a government, that meets all of the following criteria:
1. Is created or organized under the laws of any state, or any foreign government.
2. A significant interest or substantial control is directly or indirectly held or is capable of being exercised by one or more of the following:
I. A foreign government referred to in sub-subdivision a. of this subdivision.
II. A party referred to in sub-subdivision b. of this subdivision.
III. A combination of the parties or governments referred to in this sub-sub-subdivision.
d. An agent, trustee, or other fiduciary of an entity enumerated in this subdivision.
e. This definition does not apply to an entity that meets any of the following criteria:
1. The entity has received a determination from the Committee of Foreign Investment in the United States (CFIUS) that there are no unresolved national security concerns with respect to the entity in connection to a matter submitted to CFIUS and which CFIUS concluded all action pursuant to section 721 of the Defense Production Act of 1950, as amended.
2. The entity has a national security agreement with CFIUS and maintains the validity of such national security agreement.
3. A United States domiciled subsidiary of an entity that meets the criteria of sub-sub-subdivision 1. or 2. of this sub-subdivision.
(9) Significant interest or substantial control. - One of the following:
a. An interest of thirty-three percent (33%) or more held by one or more of the following:
1. A single government referred to in sub-subdivision a. of subdivision (8) of this section.
2. A party referred to in sub-subdivision b. of subdivision (8) of this section.
3. A party referred to in sub-subdivision c. of subdivision (8) of this section.
b. An interest of thirty-three percent (33%) or more held whenever the parties or governments referred to in subdivision (8) of this section are acting in concert with respect to the interest even though no single party or government holds an interest of thirty-three percent (33%) or more.
c. An interest of fifty percent (50%) or more, in the aggregate, held by parties or governments referred to in subdivision (8) of this section even though the parties or governments may not be acting in concert. (2026-54, s. 1.)
§ 64-63. (Effective April 1, 2027) Prohibited foreign party acquisition of certain lands prohibited.
(a) Notwithstanding any provision of law to the contrary, no prohibited foreign party shall purchase, acquire, lease, or hold any direct interest in the following:
(1) Agricultural land.
(2) Property situated within a 50-mile radius of a military installation.
(b) A prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest, other than a de minimis direct interest, in land described in subsection (a) of this section in this State regardless of how the prohibited foreign party intends to use the land. A party may not knowingly hold land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of this section. A prohibited foreign party that acquires land in violation of this section remains in violation as long as the prohibited foreign party holds an interest in the land.
(c) A prohibited foreign party that has acquired any direct interest in land described in subsection (a) of this section in this State prior to the effective date of this section, or prior to the country of residence being added to 22 C.F.R. § 126.1(d), may continue to own or hold that interest, but may not acquire by grant, purchase, devise, descent, or otherwise, any additional interest in land described in subsection (a) of this section in this State and must register with the Secretary of State. The Secretary of State shall maintain a report, updated monthly, of those prohibited foreign parties that have registered, and the report shall be a public record and be accessible on the Secretary of State's website. The Secretary of State shall establish a registration form for the purposes of this subsection and the form shall include at least the following:
(1) The name of the owner of the land or the owner of the interest in the land.
(2) The address of the land and the parcel identification number.
(3) The number of acres of the land.
(4) The mailing address of the owner of the land.
(5) The country or state of incorporation of the owner of the property or the owner of the interest in the property.
(d) The Secretary of State will provide the registry to the Attorney General's office one year from the effective date of this act and every six months thereafter, and the Attorney General shall enforce the payment of the civil fine as provided by this subsection. A prohibited foreign party that fails to timely file a registration with the Secretary of State is subject to a civil penalty of not less than one thousand dollars ($1,000) for each day that the registration is late, the clear proceeds of which shall be remitted to the Civil Penalty and Forfeiture Fund, in accordance with G.S. 115C-457.2. The unpaid balance of any penalties assessed under this subsection shall constitute a lien against the land if a Notice of Foreign Ownership Violation Lien has been recorded by the Attorney General in the office of the register of deeds in the county where the property is located, and the lien shall have priority from the date and time of recordation and shall be enforced by the Attorney General.
(e) A prohibited foreign party that acquires land described in subsection (a) of this section on or after the effective date of this section, by devise or descent, through the enforcement of security interests, or through the collection of debts, other than a de minimis direct interest, shall sell, transfer, or otherwise divest itself of the land within one year after acquiring the land.
(f) At a time no later than the time of closing, a buyer of any direct interest in land described in subsection (a) of this section shall provide an affidavit signed under penalty of perjury attesting that the buyer is (i) not a prohibited foreign party and (ii) in compliance with the requirements of this section. The affidavit is not required to be notarized and shall be attached as an exhibit to the deed or other document that conveys an ownership interest in the land. No affidavit is required to be attached to a deed of trust, mortgage, assignment of rents, security interest, or other lien securing payment or performance of an obligation under this section by (i) a federally or state chartered bank, savings institution, or credit union, (ii) a licensed mortgage lender or servicer, (iii) a governmental or quasi-governmental lending agency, or (iv) an entity subject to federal anti-money laundering and suspicious activity reporting requirements under the Bank Secrecy Act. The failure to obtain or maintain the affidavit shall not affect the title or insurability of the title for the land. The North Carolina Real Estate Commission shall establish the form for the affidavit required under this subsection.
(g) Upon receipt of information that leads the Attorney General to believe that a prohibited foreign party has not divested itself of the land described in subsection (a) of this section as required under subsection (e) of this section, the Attorney General shall enforce a violation of this section by commencing a receivership proceeding in the county where the property is situated under Article 38A of Chapter 1 of the General Statutes seeking the appointment of a general receiver pursuant to G.S. 1-507.24(e1). Any interest in real property acquired or held in violation of this section shall be subject to divestiture pursuant to G.S. 64-64.
(h) A violation of this section by a prohibited foreign party may, at the discretion of the noteholder, be deemed a default under a loan, mortgage, or deed of trust and shall provide the lender the automatic right to trigger default on the loan, mortgage, or deed of trust.
(i) The responsibility for determining whether any entity is subject to this Article, pursuant to either civil or criminal law, rests solely with the Prohibited Foreign Party and the State of North Carolina and no other individual or entity.
(j) Title to land described in subsection (a) of this section is not invalid or subject to divestiture due to a violation of this section by any former owner or any other person holding or owning a former interest in the land described in subsection (a) of this section.
(k) Except as provided in subsection (l) of this section, no individual, real estate broker, or any other entity, other than a prohibited foreign party, shall bear any civil or criminal liability for any of the following:
(1) Failing to determine or make inquiry of whether any entity is a prohibited foreign party.
(2) Failing to obtain, maintain, or otherwise comply with the affidavit requirements provided by subsection (f) of this section.
(l) A party who knowingly sells an interest in land described in subsection (a) of this section in violation of this section or who has actual knowledge that the transaction will result in a violation of subsection (a) of this section but aids and abets a party in knowingly selling an interest in land described in subsection (a) of this section shall be guilty of a Class 2 misdemeanor.
(m) This Article does not create or authorize a private right of action to enforce the provisions of this Article. (2026-54, s. 1.)
§ 64-64. (Effective April 1, 2027) Divestiture procedure.
(a) Upon receipt of information that leads the Attorney General to believe that a violation of G.S. 64-63 may have occurred, the Attorney General shall investigate the alleged violation and may issue subpoenas requiring any of the following:
(1) Appearances of witnesses.
(2) Production of relevant records.
(3) Giving of relevant testimony.
(b) The Attorney General shall enforce a violation of G.S. 64-63 by commencing a receivership proceeding under Article 38A of Chapter 1 of the General Statutes seeking the appointment of a general receiver pursuant to G.S. 1-507.24(e1). The following apply to a receivership proceeding initiated pursuant to this section:
(1) Proceeds of the sale shall be paid as follows:
a. The costs of the receivership and sale.
b. To secured parties, in their order of priority, except for liens which under the terms of the sale are to remain on the property.
c. No proceeds shall be distributed from the receivership sale to the prohibited foreign party. Any excess proceeds are forfeited and shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(2) At the receivership sale, any secured party shall be able to place a bid in an amount that is not more than the amount owed plus any costs incurred to the secured party as of the date of the sale, as established in the court order for the sale of the property.
(3) Upon commencement of an action under this section, the Attorney General shall file a notice of lis pendens as soon as practicable with the register of deeds of the county or counties in which the real property is situated. Upon the entry of an order for the sale of the property under this section, the Attorney General shall record a copy of the order as soon as practicable in the office of the register of deeds of the county or counties where the real property is situated.
(4) The receiver shall honor and give priority to any default that has been triggered on a loan, mortgage, or deed of trust prior to the commencement of a receivership under this section. (2026-54, s. 1.)