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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.
what do we need to do to forclose?
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"... Read more »
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
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... Read more »
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... Read more »
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... Read more »
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
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... Read more »
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... Read more »
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?... Read more »
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
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... Read more »
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.
what are our legal options to keep our home?
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.
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.
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.... Read more »
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... Read more »
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... Read more »
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... Read more »
The house was sold under contract for deed in 2011, the buyers never made any payments and disappeared after 4 months leaving the county and leaving the home with many repairs. We have been renting the home and have had no luck locating the buyers who disappeared. We want to sell this house but,... Read more »
answered on Nov 2, 2016
If you can locate the buyers, the parties can sign a document that will terminate the contract and any rights the buyers might have to the property. There is not enough detail in your question to determine the current status of the contract. Likely the contract is in breach and you could sue to... Read more »
We owned a house together in NC. We filed for bankruptcy and the bank tried to foreclose on our portion. The foreclosure never went through. Our bank gave up. My mother in law then became ill and defaulted on her part. Her bank was trying to foreclose on her portion of house. How can they... Read more »
answered on Jul 12, 2014
OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship?
Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both?... Read more »
I own a home in Wake County. Due to loss of my husband's job and his subsequent hospitalization and current medical condition, we defaulted on our loan. We tried a loan modification with our bank but were unsuccessful. We have found a buyer for the property who is willing to pay the full... Read more »
answered on Jun 20, 2014
This is a difficult situation. If you do not receive advice on this website from a North Carolina real estate attorney, I suggest that you schedule an in-office consultation.
Am I held responsible for the balance of what is owed on my home if it sales for less then what is owed? example; I owe $102,000 if they sale it for 85,000 do I owe the difference?
answered on Apr 26, 2014
It depends. Was the mortgage through a traditional bank or third-party or did the seller provide financing? If the latter, then no, you do not owe a deficiency. If this was through a regular third-party lender, then you do owe a deficiency but that does not mean that a bank will seek a... Read more »
answered on May 3, 2013
If an HOA forecloses, the property is sold at a sale subject to the mortgage and the new buyer at the sale. Depending on the amount of the dues, this might even be the mortgage lender. However, you are responsible up till the time of the foreclosure sale and through any upset period, if... Read more »
Do i need a lawyer before signing any paperwork or verbally agreeing to anything over the phone.
answered on Apr 2, 2013
The answer is it depends on a lot of details which you don't relate.
Do you have only one mortgage on your property? Is your home underwater or do you have some equity? If you have more than one mortgage, then you cannot do a deed in lieu of foreclosure.
What kind of... Read more »
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