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North Carolina Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for North Carolina on
Q: My home is about to go into foreclosure the home I’m renting month to month , do I have to pay rent still

The landlord has to go to court on the 16th , the notice I got says he owes 72000 for 3 homes and if he didn’t pay it’s going into foreclosure

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 3, 2021

Yes, you still have to pay your rent. NC law does not allow tenants to withhold rent. If you do not pay rent, the current owner can sue you for the rent money (even though he has apparently not paid the mortgage). Since you are month to month, he can also terminate your lease with as little as 7... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: Realtor wants to buy deceased mother’s house before foreclosure and split profits. Is this a scam?

My mother passed and her husband, though separated, is considered next of kin since she didn’t have a will. He neglected to open her estate. The hearing for foreclosure was 2 weeks ago. Ever since this realtor has been calling wanting to buy her house and split profits between himself, moms... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 13, 2021

You are the next of kin with regard to real estate. If you die without a will in NC and you are married and have a child: you spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse... Read more »

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Are the rent to own programs a scam or a rip off? We might half to go that way with our credit score.
Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2020

Land Contracts are Leases with an Option To Purchase. You as a renter own nothing except temporary possession and a possible option to purchase. With no Deed ownership you are subject to a Unlawful Detainer Action at any time. It usually happens just before you are supposed to buy the... Read more »

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1 Answer | Asked in Foreclosure and Agricultural Law for North Carolina on
Q: For Closure?

There is a house in North Carolina, the homeowners have not paid all of their taxes for the past 3 years. The neighbors told me the house was in foreclosure but the courthouse did not have it registered. I have wanted this house for awhile I see a lot of potential in it. Any help? Can I buy it?... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

It would be difficult for an attorney here to answer your questions based on this limited information. If you contacted a real estate attorney in North Carolina, they might be able to assess the situation in detail and advise in a meaningful manner.

Tim Akpinar

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for North Carolina on
Q: Is an investor/trustee suppose to be listed anywhere on the original NOTE or DEED of a trust?

A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »

Timothy Denison
Timothy Denison answered on Feb 29, 2020

You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.

1 Answer | Asked in Bankruptcy and Foreclosure for North Carolina on
Q: We are having problems with our mortgage. We applied for Hardship Assistance - liquidation or short sale.

what are our legal options to keep our home?

Timothy Denison
Timothy Denison answered on Mar 18, 2019

If you can find a lender to refinance. If not, you can put your arrearages in a 24 month repayment plan and probably keep your home.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee
Vincent Gallo
Vincent Gallo answered on Jun 3, 2018

You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for North Carolina on
Q: Do I have recourse on getting a deed?

My house sold at public auction (foreclosure) yesterday, Sept 5th. The deed is in my wife's name and she abandoned the property about six months ago exclaiming that she wanted nothing else to do with the house and that I could have it as I am still in the house and don't want to loose it.... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 6, 2017

If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Tax Law for North Carolina on
Q: Are heirs responsible for the taxes on upside down property going to foreclosure? Estate has no assets.

Mother's house in NC had reverse mortgage that upon her death was/is WAY upside down. House is in preforeclosure now, hopefully soon to be in foreclosure. Got a Property Tax bill addressed to susieQ's Heirs. Are my brother and I liable for this tax? No assets. We would have to pay out of... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 1, 2017

You need a local attorney to explain to you why you do NOT want to be involved in the probate of this estate. If your name is not already on the property you do NOT have any responsibility for this, and it seems rather odd to me that a tax bill would be addressed to 'heirs' rather than... Read more »

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for North Carolina on
Q: Is there a document a buyer can sign to forfeit a contract for deed, if they are not paying their payments?

The house was sold under contract for deed in 2011, the buyers never made any payments and disappeared after 4 months leaving the county and leaving the home with many repairs. We have been renting the home and have had no luck locating the buyers who disappeared. We want to sell this house but,... Read more »

Paige Kurtz
Paige Kurtz answered on Nov 2, 2016

If you can locate the buyers, the parties can sign a document that will terminate the contract and any rights the buyers might have to the property. There is not enough detail in your question to determine the current status of the contract. Likely the contract is in breach and you could sue to... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: My mother in law died. We co-owned a house. She defaulted. Her bank tried to foreclose on her. Can we do anything?

We owned a house together in NC. We filed for bankruptcy and the bank tried to foreclose on our portion. The foreclosure never went through. Our bank gave up. My mother in law then became ill and defaulted on her part. Her bank was trying to foreclose on her portion of house. How can they... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 12, 2014

OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship?

Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both?...
Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: Question regarding selling home in foreclosure

I own a home in Wake County. Due to loss of my husband's job and his subsequent hospitalization and current medical condition, we defaulted on our loan. We tried a loan modification with our bank but were unsuccessful. We have found a buyer for the property who is willing to pay the full... Read more »

Charles Snyderman
Charles Snyderman answered on Jun 20, 2014

This is a difficult situation. If you do not receive advice on this website from a North Carolina real estate attorney, I suggest that you schedule an in-office consultation.

1 Answer | Asked in Foreclosure for North Carolina on
Q: I owe $102,000 if the morgage co. sales my home for $80,000 do they hold me accountable for he difference?

Am I held responsible for the balance of what is owed on my home if it sales for less then what is owed? example; I owe $102,000 if they sale it for 85,000 do I owe the difference?

Rachel Lea Hunter
Rachel Lea Hunter answered on Apr 26, 2014

It depends. Was the mortgage through a traditional bank or third-party or did the seller provide financing? If the latter, then no, you do not owe a deficiency. If this was through a regular third-party lender, then you do owe a deficiency but that does not mean that a bank will seek a... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: Who is responsible for mortgage payment if homeowners association forecloses on condo in NC?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 3, 2013

If an HOA forecloses, the property is sold at a sale subject to the mortgage and the new buyer at the sale. Depending on the amount of the dues, this might even be the mortgage lender. However, you are responsible up till the time of the foreclosure sale and through any upset period, if... Read more »

2 Answers | Asked in Foreclosure for North Carolina on
Q: Should i go through bankruptcy, foreclosure or deed in lieu of. i have run out of funds to make mortgage payments.

Do i need a lawyer before signing any paperwork or verbally agreeing to anything over the phone.

Rachel Lea Hunter
Rachel Lea Hunter answered on Apr 2, 2013

The answer is it depends on a lot of details which you don't relate.

Do you have only one mortgage on your property? Is your home underwater or do you have some equity? If you have more than one mortgage, then you cannot do a deed in lieu of foreclosure.

What kind of...
Read more »

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1 Answer | Asked in Foreclosure for North Carolina on
Q: We deeded our house to a man that took over our mortgage. The house went in foreclosure but we knew nothing of it.

He told us that he sold the deed to someone else and we knew nothing of that either. It is true that we finally started receiving letters of the foreclosure but it was too late by then. My husband was unemployed and we could not afford to save it. Can we sure the man?

Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 19, 2013

You could not have legally deeded the home to someone else without violating the due on sale clause of your mortgage. And even if you did do that, deeding the property away does not take your name off the mortgage. You would still be responsible for the mortgage unless the mortgage lender was... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: In North Carolina, how lond does it take to be foreclosed upon/
Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 18, 2013

It depends. Assuming that a first mortgage has not been paid, about 4-6 months before a foreclosure petition has been filed. Once a petition is filed, the hearing will be held within 45-60 days. If the mortgage is found to be in default, then a sale is ordered withing 60 days of the foreclosure... Read more »

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