What steps do I take to challenge or correct an incorrect property description in a foreclosure deed? – North Carolina Short Answer In North Carolina, start by pulling the original foreclosure file and confirming the legal description used in the court’s order and notice of sale. If the commissioner’s deed has a clerical mismatch, file…
What happens if the property description in the commissioner’s deed doesn’t match the foreclosure notice? – North Carolina Short Answer In North Carolina, a mismatch between the legal description in a commissioner’s deed and the foreclosure notice is a title problem that must be fixed in the original foreclosure case. If it is a clerical…
How can I obtain the foreclosure court file to review the original notice of sale? – North Carolina Short Answer Go to the Clerk of Superior Court in the county where the property is located and ask for the foreclosure file. Most mortgage (power-of-sale) foreclosures are Special Proceedings and use an SP case number; most…
Do I need to order a new survey or title search after noticing a deed discrepancy? – North Carolina Short Answer In North Carolina, start by asking the court that issued the commissioner’s deed to correct the legal description if the error is clerical. You usually will not need a brand‑new survey or full title…
What is the process to file a quiet title action if the deed description doesn’t match the property? – North Carolina Short Answer In North Carolina, you generally fix a wrong legal description by filing a civil action in Superior Court to quiet title and, if needed, reform the deed. Before suing, check with the…
Can I clear title issues when unknown heirs were named in the foreclosure case? – North Carolina Short Answer Usually, yes. In North Carolina, if the problem is a clerical error in the court’s order or the commissioner’s deed (for example, a mistaken legal description), you can ask the Clerk of Superior Court to correct…
How can I fix a mismatch in the property description on my commissioner’s deed? – North Carolina Short Answer In North Carolina, you typically correct a bad legal description on a commissioner’s deed by asking the Clerk of Superior Court in the original case to enter an order correcting the record and authorizing a corrective…
What steps can I take to improve marketability under a court-ordered partition sale? – North Carolina Short Answer In a North Carolina partition-by-sale, a court‑appointed commissioner markets and sells the property under the court’s supervision and the state’s judicial sales rules. You can improve marketability by asking the Clerk of Superior Court to set clear,…
What happens if a buyer defaults on monthly payments after a partition sale? – North Carolina Short Answer In North Carolina, a partition sale is a judicial sale overseen by the Clerk of Superior Court. If a court-approved sale is on credit (seller financing) and the buyer defaults before closing, the commissioner can seek forfeiture…
Who is authorized to sign the listing agreement when multiple owners or a POA is involved? – North Carolina Short Answer In a North Carolina partition special proceeding, once the Clerk of Superior Court appoints a commissioner and orders a sale, the commissioner—not the individual co-owners—signs the real estate listing agreement in the commissioner’s official…