Jan232026
Probate Q&A Series

How do I find out the total amount needed to stop the foreclosure, including legal costs and other added charges? – North Carolina

Short Answer

In North Carolina, the most reliable way to learn the total amount needed to stop a foreclosure is to request a written payoff statement (or, if the goal is to catch up rather than pay off the loan, a written itemized statement of the default and fees) from the loan servicer or secured creditor. North Carolina law requires a timely payoff statement and requires the statement to break down the payoff amount by type of fee, charge, or other sum. If the home is in an estate, the request is usually made by the personal representative (executor/administrator) or an authorized agent.

Understanding the Problem

In North Carolina probate situations, a common question is how to get a single, trustworthy number that shows what must be paid to stop a foreclosure when the titled owners have died and a family member has continued living in the home. The decision point is whether the goal is to get the full payoff amount (to pay the loan off entirely) or the amount needed to cure the default (to bring the loan current and stop the foreclosure process). The answer usually depends on who has legal authority to request the figures and which written statement is requested from the servicer.

Apply the Law

North Carolina law gives an “entitled person” (or that person’s authorized agent) the right to request a payoff statement from the secured creditor. The payoff statement must be issued within a set time and must include an itemization of the payoff amount, including fees and other sums included in the total. Separately, North Carolina’s home loan servicing rules also require a servicer to respond to certain written requests for account information, including an itemized history and fees/charges, which can be critical when the amount claimed includes foreclosure-related costs.

Key Requirements

  • Request the right document: Ask for a payoff statement if the goal is to pay the loan off, or request an itemized statement of the default, fees, and payment history if the goal is to cure and reinstate.
  • Use the right requester: The request should come from the person with authority (often the estate’s personal representative) or an authorized agent, so the servicer has a clear basis to release figures.
  • Get itemization and a “good through” date: The request should specify a payoff date (within the allowed window) and demand a breakdown of principal, interest, escrow, late charges, and foreclosure-related fees/costs included in the total.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the home has remained occupied while the titled owners died and probate issues are being sorted out. To stop a foreclosure, the key is getting a written, itemized total from the servicer that includes not only missed payments but also any added charges (such as late fees, escrow advances, property inspections, attorney/trustee fees, and other foreclosure-related costs). In many estates, the cleanest path is for the personal representative (or an authorized agent working with the personal representative) to request a payoff statement and, if reinstatement is the goal, also request an itemized account history and fee breakdown to confirm what is being claimed.

Process & Timing

  1. Who files: No court filing is required to request the numbers. Who requests: typically the loan’s borrower, the borrower’s successor in interest, or the estate’s personal representative (executor/administrator) or an authorized agent. Where: with the loan servicer (and/or the secured creditor listed on statements and foreclosure notices). What: a written request for (a) a payoff statement with a specific payoff date and (b) an itemized statement/payment history and fee breakdown if the goal is to cure rather than pay off.
  2. Expected response time: For a payoff statement request that meets the statutory requirements, the creditor must send the payoff statement within 10 days. For certain written information requests about the account, the servicer must provide specific documents/information within 25 business days, with an earlier written acknowledgment required in some situations.
  3. Using the number to stop the sale: Once the written figure is received, the next step is confirming the payment method, cutoff time, and delivery instructions listed on the statement, then arranging payment in the exact manner required so it posts in time to stop the foreclosure.

Exceptions & Pitfalls

  • Authority problems in estates: Servicers often refuse to discuss totals with a family member who is not on the loan. Opening the estate and having a personal representative (or documented authorized agent) make the request can reduce delays.
  • Asking for the wrong number: “Reinstatement” (catch-up) and “payoff” (pay off in full) are different figures. A payoff statement may be higher than what is needed to cure a default, and a cure quote may not satisfy the loan in full.
  • Not getting itemization: A verbal quote can miss escrow advances, corporate advances, inspection fees, or foreclosure attorney/trustee charges. A written, itemized statement helps identify what is included and what is still disputed.
  • Good-through date and per diem interest: Payoff amounts change daily. The request should include a payoff date and the statement should include per diem interest and cutoff rules so payment is not short.
  • Payment logistics: Some servicers require certified funds, specific payee names, or specific delivery addresses. Missing the cutoff time or sending funds to the wrong place can cause a last-minute failure even when the amount is correct.

For additional background on related probate-and-foreclosure issues, see stop a foreclosure auction when probate is not opened yet and confirm the amount a mortgage lender is claiming against an estate.

Conclusion

In North Carolina, the best way to learn the total amount needed to stop a foreclosure—including legal costs and other added charges—is to request a written, itemized payoff statement (or, if the goal is to catch up, an itemized account/fee statement) from the loan servicer or secured creditor. State law generally requires a payoff statement within 10 days and requires itemization of the fees and charges included. Next step: submit a written payoff statement request to the servicer immediately with a specific payoff date.

Talk to a Probate Attorney

If you’re dealing with a foreclosure threat on a home tied up in an estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.