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North Carolina Foreclosure Questions & Answers
1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for North Carolina on
Q: Do I have to use the surplus funds check from my deceased dad's house to pay any debts?

He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 14, 2023

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

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Hello, I am on the Board of an HOA in North Carolina. We have several owners who we cannot locate. What do you recommend

We have checked County tax rolls for addresses and do not know where else to look for a correct/current address, phone number or e-mail. What should we do and what options do we have if we are unable to contact them?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 14, 2023

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

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Hi I need to know if a short sale or give house back to keep from foreclosure do I need a lawyer or realtor
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 23, 2023

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

1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2023

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.

1 Answer | Asked in Foreclosure for North Carolina on
Q: My 92 year old grandfathers home has been put up for auction due to foreclosure. Can we still prevent this?

My father is POA for my grandfather and has not been keeping up with the mortgage payments. He claims he has been trying to make arrangements with the bank to reinstate the loan but is saying they won’t speak to him even though he has power of attorney. He submitted a letter to the bank stating... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 21, 2023

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!

1 Answer | Asked in Foreclosure for North Carolina on
Q: Is there a statute of limitations on a lender to send a default notice after you defaulted on at Loan in North Carolina.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 29, 2022

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

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: What can I do if my home was foreclosed and sold while my HAF application was pending? Can it be sold before the notice?

From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 21, 2022

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

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for North Carolina on
Q: My dad passed away and was paying a mortgage, his brother lived there. Does the house go to us or the brother?

original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2022

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

1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
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Ben Corcoran
answered on Mar 30, 2022

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

1 Answer | Asked in Foreclosure for North Carolina on
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?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 10, 2022

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"... View More

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... View 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... View 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... View 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... View 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
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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... View 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?... View 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... View 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.... View More

Amanda Bowden Johnson
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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... View 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... View 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... View More

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