Wilmington, NC asked in Foreclosure for North Carolina

Q: My Husband and I owner financed a house and the new owner is behind 5months in his payments. Can we take the house bac

what do we need to do to forclose?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Foreclosure Defense Lawyer
  • Licensed in North Carolina

A: Unfortunately, this question is impossible to answer without reviewing your contract for sale and owner finance. You may be able to do a "non judicial" foreclosure, which means a Special Proceeding is filed with the Clerk of Court. Or, you may have to file a "judicial" foreclosure, which means filing a lawsuit in Superior Court. Take your signed contract to a qualified real estate attorney for some specific advice. I do NOT recommend that you try and handle this on your own, without using an experienced attorney. If there is something wrong with your contract or you try and do this the wrong way, the purchasers will be able to sue you back and get an order requiring you to pay their attorneys' fees and other damages. It's just not worth it without, at a minimum, having an attorney review your specific documents and give you some specific advice.

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