Can I force the lender to accept late mortgage payments after they previously agreed to them? – North Carolina Short Answer Generally, no. In North Carolina, a lender’s past acceptance of late payments does not require it to keep accepting them unless there is a signed, enforceable modification or reinstatement agreement. The Clerk of Superior…
What steps are needed to open an estate for someone who died without a will so we can address unpaid property taxes? – North Carolina Short Answer In North Carolina, an heir or other qualified person must apply with the Clerk of Superior Court to be appointed administrator and receive Letters of Administration. Once appointed,…
What steps can I take to avoid an appeal if not all parties are formally served in a surplus funds claim? – North Carolina Short Answer In North Carolina, you lower appeal risk by joining every person with a direct claim to the foreclosure surplus and ensuring proper Rule 4 service on any newly added…
If we pay the back taxes, how do we transfer title out of the decedent’s name into our names? – North Carolina Short Answer In North Carolina, title to a person’s non-joint real estate passes to the legal heirs at the moment of death. To get record title into your names, first stop the pending…
How do I request a continuance to add a party before a scheduled surplus funds hearing? – North Carolina Short Answer In North Carolina, file a written Motion to Continue and Motion to Join Necessary Party in the foreclosure special proceeding (SP) before the Clerk of Superior Court. Ask the clerk to add the prior…
How can I file an injunction bond to delay my foreclosure sale? – North Carolina Short Answer In North Carolina, you can ask a Superior Court judge to temporarily stop a power-of-sale foreclosure by filing a civil action for an injunction and posting a security bond the court sets. You must act before the foreclosure…
How can I add a previous interest holder as a respondent in a surplus funds case when I don’t have their contact information? – North Carolina Short Answer File a motion with the Clerk of Superior Court to join the prior interest holder as a necessary party and have a special proceeding summons issued. If…
Can a surplus funds hearing proceed without serving a former owner whose interest was assigned during foreclosure? – North Carolina Short Answer Often, yes. In North Carolina, the Clerk of Superior Court distributes foreclosure surplus to the person entitled to it. If the former owner fully assigned their right to the surplus, the assignee is…
What options do I have to stop a foreclosure sale if I don’t want to file for bankruptcy? – North Carolina Short Answer In North Carolina, you can ask a Superior Court judge to temporarily restrain and enjoin a power-of-sale foreclosure under a statute that allows injunctions, but you must act before the sale is…
How do I challenge a foreclosure when a lender mishandled my loan modification paperwork? – North Carolina Short Answer In North Carolina, you can ask a Superior Court judge to stop a power-of-sale foreclosure by filing a lawsuit and requesting a temporary restraining order or preliminary injunction before the sale, especially if the lender’s handling…