I’m very sorry you’re going through this. In North Carolina, when a homeowner passes away and the mortgage was only in their name, the bank can’t discuss the account until someone is legally recognized as the successor in interest. You’ll need to bring your husband’s death certificate and... View More

If you filed a Superior Court civil lawsuit before the eviction, that timing can help your case. In North Carolina:

Filing the civil lawsuit first may give you stronger grounds to argue that the eviction was improper or premature, especially if your claims relate to the same property or... View More

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answered on Jul 14, 2025

Who has the vested remainder interest? That remainderman should sue the other interested parties for a Sale For Partition. If you are a remainderman, then ask the Court for a return of your contributions to your share from the common fund proceeds. You might or might not get reimbursed.... View More

If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More

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... View More

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answered on Apr 1, 2024

I'm sorry to hear about the loss of your mother and the difficult situation you're facing with the county regarding taxes on her foreclosed home.

In general, when a property is foreclosed and sold, the new owner becomes responsible for the property taxes from the date of the sale... View More

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answered on Sep 18, 2025

You have a few avenues to address a wrongful foreclosure in North Carolina, especially when the foreclosure occurred without proper probate or consideration of your mortgage protection plan. First, gather all documentation you have regarding the mortgage, the protection plan, and communications... View More

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answered on Aug 30, 2025

At 16, the gifts you received for birthdays and holidays are considered your personal property, not your mom’s. If she is refusing to return them, the situation becomes less about custody and more about your right to access belongings that were given to you. Since there is no custody order in... View More

It depends on who the heirs are for the property, which usually passes outside the estate. Nothing you can really be reimbursed for from the estate unless all the heirs agree to it.

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answered on Jun 30, 2025

Yes, this type of pre-foreclosure acquisition is done in North Carolina, but you need to approach it with care. A Quit Claim Deed does not guarantee clear title—only that the seller conveys whatever interest they may have. If there are other liens, judgments, or encumbrances on the property, you... View More

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answered on Apr 12, 2025

When your foreclosure case is reopened after you filed a motion for relief, it typically means the court is reviewing your motion and considering the request you made. Reopening a case doesn’t automatically grant the relief you’ve asked for, but it does indicate that the court is taking action.... View More

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

Your grandfather will need to file a Chapter 13 Bankruptcy ON OR BEFORE THE MAY 1 or else the house will be sold (unless there is an upset bid). This late in the process, that is the ONLY way. SEE A BANKRUPTCY ATTORNEY ASAP - AS IN NOW!

Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... View More

Have you tried mailing a letter to them at the property address and if so, what does it say when the letter is returned? Traditional first class mail is the basic method for communications. The county tax office listing has the currently listed mailing address and you can look at the actual tax... View More

You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and... View More

There is a statute of limitation, but the more difficult question to answer is generally when does default occur. The statute of limitation in general for a contract "under seal" is ten years, and for a contract not under seal is 3 years. Some loan agreements leave it completely up to the... View More

There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... View More

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... View More