North Carolina Letter to Foreclosure Attorney - Payment Dispute

State:
Multi-State
Control #:
US-02507
Format:
Word; 
Rich Text
Instant download

Description

Petitioner states that he/she disputes the amount allegedly due to a creditor. Petitioner requests an itemized report of his/her payments and that an explanation of the entries accompany the itemized report. Petitioner also demands that all actions cease until an accurate verification of the debt and the amount due is provided to him/her.

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FAQ

In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available to you, speak with a local bankruptcy attorney.

The foreclosure hearing may come as soon as 20 days after you get the Notice of Foreclosure Hearing. Judges generally do not hear foreclosures. North Carolina is what is called a ?power of sale? state. This means that generally no judge will hear a foreclosure, instead foreclosures are heard by the clerk of court.

While many states say that sales are final, you are given a short period in which you can redeem your home under North Carolina law. This period lasts for just ten days after the home is sold.

In North Carolina, the foreclosure process typically takes around 120 days from the date the first payment is missed to when the property is sold at a foreclosure sale. The timeline may vary depending on several factors, including: The lender's policies and procedures.

Your Rights under North Carolina Law If you rent a house or an apartment in a complex that has fewer than 15 units, state law allows you to end your lease anytime between 10 and 90 days after the foreclosure sale without paying early termination fees if you give your landlord written notice.

Redeeming the House While many states say that sales are final, you are given a short period in which you can redeem your home under North Carolina law. This period lasts for just ten days after the home is sold.

If you and the former owner cannot reach an agreement, you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property.

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North Carolina Letter to Foreclosure Attorney - Payment Dispute