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GENERAL ASSEMBLY OF NORTH CAROLINA <br />SESSION 2017 <br /> <br />SESSION LAW 2017-10 <br />SENATE BILL 131 <br /> <br /> <br />*S131-v-7* <br />AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF <br />NORTH CAROLINA. <br /> <br />The General Assembly of North Carolina enacts: <br /> <br />PART I. BUSINESS REGULATION <br /> <br />EMPLOYMENT STATUS OF FRANCHISES <br />SECTION 1.1. Article 2A of Chapter 95 of the General Statutes is amended by <br />adding a new section to read: <br />"§ 95-25.24A. Franchisee status. <br />Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the <br />franchisor for any purposes, including, but not limited to, this Article and Chapters 96, 97, and <br />105 of the General Statutes. For purposes of this section, "franchisee" and "franchisor" have the <br />same definitions as set out in 16 C.F.R. § 436.1." <br /> <br />STREAMLINE MORTGAGE NOTICE REQUIREMENTS <br />SECTION 1.2. G.S. 45-91 reads as rewritten: <br />"§ 45-91. Assessment of fees; processing of payments; publication of statements. <br />A servicer must comply as to every home loan, regardless of whether the loan is considered <br />in default or the borrower is in bankruptcy or the borrower has been in bankruptcy, with the <br />following requirements: <br />(1) Any fee that is incurred by a servicer shall be both: <br />a. Assessed within 45 days of the date on which the fee was incurred. <br />Provided, however, that attorney or trustee fees and costs incurred as <br />a result of a foreclosure action shall be assessed within 45 days of the <br />date they are charged by either the attorney or trustee to the servicer. <br />b. Explained clearly and conspicuously in a statement mailed to the <br />borrower at the borrower's last known address within 30 days after <br />assessing the fee, provided the servicer shall not be required to take <br />any action in violation of the provisions of the federal bankruptcy <br />code. The servicer shall not be required to send such a statement for a <br />fee that: (i) results that either: <br />1. Is otherwise included in a periodic statement sent to the <br />borrower that meets the requirements of paragraphs (b), (c), <br />and (d) of 12 C.F.R. § 1026.41. <br />2. Results from a service that is affirmatively requested by the <br />borrower, (ii) is paid for by the borrower at the time the <br />service is provided, and (iii) is not charged to the borrower's <br />loan account. <br />(2) All amounts received by a servicer on a home loan at the address where the <br />borrower has been instructed to make payments shall be accepted and <br />8