North Carolina 2025-2026 Regular Session

North Carolina House Bill HB992

Caption

House Bill 992 / SL 2025-75

Summary

HB 992 makes two unrelated changes to North Carolina law. First, it creates a new nonjudicial “timeshare trustee foreclosure” process for collecting delinquent timeshare assessments and related liens, while also revising existing timeshare lien and collection rules. The bill authorizes managing entities to deny use of a timeshare to delinquent owners, rent out delinquent owners’ usage rights under specified notice requirements, and foreclose assessment liens either through the courts or through a new trustee-driven process. It sets out detailed notice, filing, sale, redemption, surplus distribution, and deed procedures, and it limits the new trustee foreclosure process to assessment liens, while requiring judicial foreclosure for liens based solely on fines or certain service/administration fees. Second, the bill changes North Carolina’s paternity and intestate succession statutes. It updates the rules for when a child born out of wedlock may inherit from or through a father, and it revises the birth-certificate affidavit process for unmarried parents by clarifying the required sworn statements, the effect of the affidavit, and the relationship between the affidavit and inheritance rights. The paternity-related changes are tied to filing and effective-date requirements and apply to estates of decedents dying on or after December 1, 2025. The bill’s impact on state law is significant in the timeshare area because it adds a new statutory foreclosure remedy in Chapter 93A and amends related lien provisions to support faster collection of delinquent assessments. It also creates new procedural rights and obligations for owners, lienholders, trustees, and junior lienholders, including notice standards, publication requirements, a right to object to the trustee foreclosure process, and a bar on deficiency judgments in the new process. On the family-law side, it modifies Chapters 29 and 130A to align paternity acknowledgment procedures with inheritance rules and birth registration practices. The general sentiment reflected in the bill text is pragmatic and administrative rather than ideological: the timeshare provisions are designed to give associations a simpler, less expensive enforcement tool, while the paternity provisions appear aimed at clarifying existing procedures and reducing ambiguity. There is no recorded committee transcript or vote history in the provided materials, so there is no direct evidence of debate or opposition in the available context. The main points of contention likely concern the new timeshare foreclosure mechanism. The bill gives managing entities substantial leverage over delinquent owners, including the ability to deny use, rent the unit, and foreclose without a judicial proceeding unless the owner objects. Potential concerns include due process, notice adequacy, trustee neutrality, the scope of fees added to the lien, and the treatment of owners who do not affirmatively object. The paternity provisions are less likely to be controversial, but they do affect inheritance rights and the legal consequences of signing a paternity affidavit, which could matter to parents and estate practitioners.

Impact

HB 992 amends Chapter 93A to authorize a new timeshare trustee foreclosure process for delinquent assessment liens, alongside revisions to existing lien, notice, rental, and foreclosure provisions. It also amends Chapter 29 and Chapter 130A to update paternity acknowledgment and intestate succession rules for children born out of wedlock. The bill applies the timeshare changes to claims of lien filed on or after December 1, 2025, and the paternity changes to estates of decedents dying on or after that date.

Sentiment

The bill appears generally supportive of timeshare associations and administrative efficiency, with a clear policy goal of making assessment collection faster and less costly. At the same time, it preserves some owner protections, such as notice requirements, an objection process, and limits on deficiency judgments in the new trustee foreclosure procedure. No votes or committee transcripts were provided, so the available record does not show formal support or opposition beyond the structure of the bill itself.

Contention

The most likely area of contention is the new nonjudicial timeshare foreclosure process. Owners may object to the reduced role of the courts, the ability of associations to deny use or rent the timeshare, and the added fees and costs that can be charged to delinquent owners. Questions may also arise about trustee independence, publication notice when mail is not received, and the breadth of the association’s authority to combine proceedings. The paternity and inheritance changes are more technical, but they could still draw attention from family-law practitioners because they affect how paternity acknowledgments interact with inheritance rights.

Companion Bills

No companion bills found.

Previously Filed As

NC HB762

House Bill 762 / SL 2025-43

NC HB926

House Bill 926 / SL 2025-94

NC HB358

House Bill 358 / SL 2025-92 (=S51)

NC HB1003

House Bill 1003 / SL 2025-76

NC HB357

House Bill 357 / SL 2025-58 (=H719)

NC HB993

House Bill 993

NC HB74

House Bill 74 / SL 2025-4

NC HB506

House Bill 506 / SL 2025-6 (=S709)

NC HB23

House Bill 23 / SL 2025-67

NC HB40

House Bill 40 / SL 2025-25

Similar Bills

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NC H992

Timeshare Foreclosure/Paternity Matters

HI HCR164

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HI HR154

Requesting The Department Of Commerce And Consumer Affairs To Study Barriers To Exiting Timeshare Ownership In Hawaii And To Recommend Consumer Protection Measures.