North Carolina Foreclosure Law Summary
Stop North Carolina Foreclosure
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Typically 60 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Varies
In North Carolina, lenders may foreclose on deeds of trusts or
mortgages in default using either a judicial or non-judicial foreclosure process.
The judicial process of foreclosure, which involves filing a lawsuit
to obtain a court order to foreclose, is used when no power of sale is present in
the mortgage or deed of trust. Generally, after the court declares a foreclosure,
your home will be auctioned off to the highest bidder.
The non-judicial process of foreclosure is used when a power of
sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the
clause in a deed of trust or mortgage, in which the borrower pre-authorizes the
sale of property to pay off the balance on a loan in the event of the their default.
In deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their representative,
typically referred to as the trustee. Regulations for this type of foreclosure process
are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause
and specifies the time, place and terms of sale, then the specified procedure must
be followed. However, in North Carolina, a preliminary hearing must be held before
a power of sale foreclosure can take place.
After the preliminary notices have been issued, the clerk of the
court will conduct a hearing to determine whether or not a foreclosure sale may
take place. If and when the clerk issues a notice of sale, the foreclosure may proceed
- A notice of sale must be: 1) mailed first class mail to the
borrower at least twenty (20) days before the sale; 2) published in a newspaper
of general circulation in the county where the property is located once a week
for two (2) successive weeks, with the last ad being published not less than
ten (10) days before the sale; and 3) posted on the courthouse door for twenty
(20) days prior to the foreclosure sale.
- Said notice must name the borrowers, the lenders, provide
a description of the property and state the date, time and place of sale.
- The sale must be conducted at the courthouse in the county
where the property is located between the hours of 10:00 am and 4:00 pm. The
property will be sold to the highest bidder. Upset bids may be filed with the
court clerk for a period of ten (10) days after the foreclosure sale.
- The sale may be postponed by announcing the need to postpone
at the time and place the regular sale would have taken place. A notice of the
postponement, stating the new date and time the foreclosure sale will be held,
must be posted on the courthouse door.
Lenders may pursue a deficiency judgment and borrowers retain
the right to redemption.
on North Carolina foreclosure laws.