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North Carolina Foreclosures Legal Questions

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39 legal [2, *]questions have been posted about foreclosures by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include bankruptcy, commercial bankruptcy, and consumer bankruptcy. All topics and other states can be accessed in the dropdowns below.
North Carolina Foreclosures Questions & Legal Answers - Page 2
Do you have any North Carolina Foreclosures questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 39 previously answered North Carolina Foreclosures questions.
Foreclosures
North Carolina

Recent Legal Answers

What options do I have if my property went into foreclosure?

Answered 13 years and 4 months ago by Erven T. Nelson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Foreclosures
If the foreclosure sale has not yet occurred, you could do a number of things to stop it such as filing bankruptcy or a lawsuit. If the foreclosure has already occurred, you could sue for wrongful foreclosure if the lender did something wrong.
If the foreclosure sale has not yet occurred, you could do a number of things to stop it such as filing bankruptcy or a lawsuit. If the foreclosure... Read Answer

Is a contract signed by four people and not notarized a legal and binding contract?

Answered 13 years and 4 months ago by Erven T. Nelson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Foreclosures
A written contract is binding whether or not it is notarized. Notarization is mainly for recording documents (like a deed or mortgage) or in the case of wills, trusts, etc.
A written contract is binding whether or not it is notarized. Notarization is mainly for recording documents (like a deed or mortgage) or in the... Read Answer

If you file for foreclosure can they go after your IRA's?

Answered 13 years and 5 months ago by attorney David E. Frank   |   6 Answers   |  Legal Topics: Foreclosures
David E. Frank
No, only to the extent your IRA exceeds $1,000,000. In California lender can't get a deficiency judgment unless they judicially foreclose, which means they have to file a lawsuit against you to foreclose.
No, only to the extent your IRA exceeds $1,000,000. In California lender can't get a deficiency judgment unless they judicially foreclose, which... Read Answer

Can I submit a Short Sale offer to the bank on a property, with a mortgage, which title I won in a HOA auction?

Answered 13 years and 5 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Foreclosures
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It depends on the terms that the lender will agree to.
It depends on the terms that the lender will agree to.

Is the American Remedy Center a legit law firm?

Answered 13 years and 5 months ago by attorney David E. Frank   |   7 Answers   |  Legal Topics: Foreclosures
David E. Frank
Not sure. But in California, it's illegal for a lawyer (or anyone else for that matter) to charge an upfront fee for a loan modification.
Not sure. But in California, it's illegal for a lawyer (or anyone else for that matter) to charge an upfront fee for a loan modification.

If there is no mortgage payment in 4 years, why no foreclosure?

Answered 13 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Simple, but silly answer: who knows? The mortgage companies are bogged down and very inconsistent. There are cases where they march to foreclosure immediately, and I have had clients that went 6 or 7 years without a foreclosure. It is possible there is a problem with the documents that is preventing a foreclosure filing...I imagine this is where you were going. IF you believe this, you need to speak to an attorney experienced with foreclosure defense. These matters are very complicated and are difficult for even the best attorneys.... Read Answer
Simple, but silly answer: who knows? The mortgage companies are bogged down and very inconsistent. There are cases where they march to foreclosure... Read Answer

Am I responsible for back taxes or since I filed bankruptcy am I cleared of all debt including the taxes?

Answered 13 years and 5 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Foreclosures
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You need to talk to your bankruptcy attorney. These issues are far too complicated to look for answers in this forum.
You need to talk to your bankruptcy attorney. These issues are far too complicated to look for answers in this forum.

Can I stop foreclosure after loan modification?

Answered 13 years and 6 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Foreclosures
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Did you comply with the terms of the loan modification? If not, then the lender has a right to foreclose. Talk to the lender.
Did you comply with the terms of the loan modification? If not, then the lender has a right to foreclose. Talk to the lender.

What can we do if we are put into a home that we could never afford?

Answered 13 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
This was common during the era of getting people into loans at all costs. Unfortunately, these matters are difficult to resolve and in many cases Courts find that if the loan was unaffordable, the buyers should have walked away instead of doing the closing. You should call an attorney that specializes in mortgage foreclosure defense to get an evaluation.... Read Answer
This was common during the era of getting people into loans at all costs. Unfortunately, these matters are difficult to resolve and in many cases... Read Answer

If a home has an abstract of judgement, can the owner sell the property?

Answered 13 years and 6 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
First, ignore the term "abstract." This means you have a judgment against you...at some point someone sued you. In North Carolina, judgments are automatically a lien on real property that you own. The real estate agent is correct. The Mortgage company will not agree to a short sale because they will take the home with the judgment, making it less marketable. If you don't believe you were ever sued, you need to check the Court records and see who obtained the judgment against you.... Read Answer
First, ignore the term "abstract." This means you have a judgment against you...at some point someone sued you. In North Carolina, judgments are... Read Answer

Is it illegal to sell a home in foreclosure?

Answered 14 years and 3 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Just provide proof of payment to the court and you should be okay.
Just provide proof of payment to the court and you should be okay.

What should I do if I am still receiving foreclosure notices after escrow?

Answered 14 years and 5 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Hire a lawyer. You need to have some see if you bought the home free and clear of encumbrances. You could have bought the home subject to a second deed of trust where you basically paid bank number 1 but bank number 2 still holds an interest. At a foreclosure sale, the interest of sublenders is extinguished but at a commercial sale, it is not. The closing atty is a good place to start as well because they should know right away and title insurance might be able to help.... Read Answer
Hire a lawyer. You need to have some see if you bought the home free and clear of encumbrances. You could have bought the home subject to a second... Read Answer

Can I remove any property before the house goes into foreclosure?

Answered 14 years and 5 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You can't remove fixtures which are just that "affixed". So, any of these items may be a fixture or not depending on how the items are attached to the property. If the items are portable, it is probably okay; if it is hard wired and plumbed, probably not.
You can't remove fixtures which are just that "affixed". So, any of these items may be a fixture or not depending on how the items are attached to... Read Answer

What do I do if I am behind on mortgage payments?

Answered 14 years and 6 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
In a Chapter 13 bankruptcy, you could stop the foreclosure and pay back the arrearage over time. If you can't practically do that and you let them foreclose, it could affect your credit if the creditor reports it. The creditor could also be reporting your defaults now if he or she wished.... Read Answer
In a Chapter 13 bankruptcy, you could stop the foreclosure and pay back the arrearage over time. If you can't practically do that and you let them... Read Answer
Foreclosures
North Carolina

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