Charlotte, NC asked in Real Estate Law for North Carolina

Q: Does a homeowner with a real estate Lein have to be notified by certified mail or another verified method of notificatin

I live in nc. Just got a letter from mortgage company saying something about a lein against the property and a foreclosure at the end of this month. Never received any certified documents or signature required mail. Is it possible to have the Lein voided if it was not lawfully filed? I haven’t called the mortgage company yet. I’d like to know my rights before I incriminate myself somehow. I’d love to find a loophole in the corrupt mortgage industry and have any Lein revoked and even have the mortgage company forced to release the mortgage debt. Been here since 2007. Paid 299k put down 20k and as of today I still apparently owe $270k Refinanced a few times but never took money out. Just made a $35k payment 30 days ago and my balance is still $270k and there’s apparently a Lein on the property? title company just did a lein inquiry when I was getting the funds together to make the $35k payment recently. No Lein then but now there is one? And I’m at risk of foreclosure? Can some1 help me

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1 Lawyer Answer
Anthony M. Avery
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A: A NC attorney needs to be hired now to search that Title. Even if the alleged lien is not perfected, it may still be something that you owe, or could be executed upon. Since Foreclosure is imminent, you have very little time. A suit to enjoin Foreclosure for a meritorious reason is expensive, difficult, and you must still service the debt or you lose title and possession. Posting here and relying on a title co. is just playing around until you lose everything. It will need to be a thorough search, possibly involving Court files as well as the land records.

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