Complaint For Foreclosure In North Carolina
Description
Form popularity
FAQ
A power of sale foreclosure is a contractual right under the terms of a deed of trust which gives the trustee the power to sell the real property on behalf of the lender if the borrower defaults. The procedure for power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
We prefer that you file your complaint via our online form. If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form.
A servicer that receives a complete loss mitigation application more than 37 days before a foreclosure sale must take two steps within 30 days: • First, the servicer must evaluate the borrower for all loss mitigation options available to the borrower from the owner or investor of the borrower's mortgage loan.
The complaint for foreclosure, which in some states is called a “petition,” sets out the plaintiff's claims. The complaint describes: the loan documents, including the mortgage and promissory note. the property that the plaintiff is foreclosing.
It will take at least 75-95 days, and usually longer, before your home is sold at a foreclosure sale.
Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint.
