Judgment Lien Foreclosure In North Carolina
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Under North Carolina law judgment liens expire ten years from entry of the judgement.
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.
However, laws in North Carolina protect consumers from wage garnishment. Most unsecured debts in North Carolina, such as medical bills and credit card debt, cannot be garnished from your paycheck. However, a creditor can put a lien on your property or levy your bank account.
A judgment lien is created automatically on any property owned by the debtor in the North Carolina county where the judgment is entered. For any debtor property found outside the county, the creditor must file the judgment with the county clerk for the county where the property is located.
The NC law clearly gives the creditor a 10 year period to enforce his lien and the statutes, N.C.G.S. § 1-234, and § 1-23 appear to extend the time period when execution is restrained.
Both North Carolina and South Carolina require that a lawsuit to enforce the Claim of Lien be filed within 180 days (N.C. Gen. Stat. § 44A-13) or six months (S.C.
In North Carolina, a mechanic's lien remains valid for 180 days after the last day after the last date labor was furnished or materials were supplied to the project.
A debtor's bank accounts may also be levied upon, but not IRAs or other pension plans ing to the debt collection laws in NC.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
If you do not timely respond or contact the plaintiff's counsel, the plaintiff may move for entry of default and default judgment against you. If that judgment is obtained, the defendant may receive a “Notice of Right to Designate Exemptions,” which begins the process of attempting to collect the judgment against you.
