Mortgage foreclosure
Many North Carolina home loans use a deed of trust with a power of sale. That lets a lender ask for a foreclosure hearing before the Clerk of Superior Court rather than filing a lawsuit. At the hearing, the clerk checks for a valid debt, a default, the right to foreclose, and proper notice.
- For a qualifying home loan on your main home, the servicer must mail notice at least 45 days before filing for the hearing. This rule does not cover every loan, including home-equity lines and reverse mortgages.
- The hearing notice must be served at least 10 days ahead. If the clerk lets the foreclosure go ahead, you have 10 days to appeal.
- The notice of sale is posted at the courthouse for at least 20 days and published in a newspaper once a week for two weeks. The sale is a public auction.
