Asked in Foreclosure for North Carolina

Q: Foreclosed house, auction set, bank says I can sell before auction. Can the bank force separated wife to sign contract?

We’re separated and both are on loan, she has refused to assist and pay mortgage and without her participation and income help house fell into foreclosure. Auction sale has been set for 60 days out but bank says house can be sold before the auction but separated wife will not agree to sign any paperwork to sell the house. Can the bank force the sell of the property or is there anything that can be done if we receive ann offer before the auction date? Already paid Lawyer $14K and have received very little, need low cost option.

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

A: Unfortunately, no Bank can force your ex to sign the necessary paperwork for the sale. The time for getting a Judge to do that has passed, and whether or not that was possible depends upon the equitable distribution/separation agreement that you and your ex had in place. I assume that's what you spent $14k in attorneys fees on. Hopefully there will be a lot of bids on the house and you will come out with some net proceeds from the sale.

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