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North Carolina Foreclosure Law Summary
Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Typically 60 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Varies |
In North Carolina, lenders may foreclose
on deeds of trusts or mortgages in default using either a judicial or
non-judicial foreclosure process.
Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit
to obtain a court order to foreclose, is used when no power of sale
is present in the mortgage or deed of trust. Generally, after the court
declares a foreclosure, your home will be auctioned off to the highest
bidder.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale
clause exists in a mortgage or deed of trust. A "power of sale" clause
is the clause in a deed of trust or mortgage, in which the borrower
pre-authorizes the sale of property to pay off the balance on a loan
in the event of the their default. In deeds of trust or mortgages where
a power of sale exists, the power given to the lender to sell the property
may be executed by the lender or their representative, typically referred
to as the trustee. Regulations for this type of foreclosure process
are outlined below in the "Power of Sale Foreclosure Guidelines".
- Power of Sale Foreclosure Guidelines
- If the deed of trust or mortgage contains a
power of sale clause and specifies the time, place and terms of sale,
then the specified procedure must be followed. However, in North Carolina,
a preliminary hearing must be held before a power of sale foreclosure
can take place.
After the preliminary notices have been issued, the clerk of the court
will conduct a hearing to determine whether or not a foreclosure sale
may take place. If and when the clerk issues a notice of sale, the
foreclosure may proceed as follows:
- A notice of sale must be: 1) mailed first
class mail to the borrower at least twenty (20) days before the
sale; 2) published in a newspaper of general circulation in the
county where the property is located once a week for two (2) successive
weeks, with the last ad being published not less than ten (10) days
before the sale; and 3) posted on the courthouse door for twenty
(20) days prior to the foreclosure sale.
Said notice must name the borrowers, the lenders, provide a description
of the property and state the date, time and place of sale.
- The sale must be conducted at the courthouse
in the county where the property is located between the hours of
10:00 am and 4:00 pm. The property will be sold to the highest bidder.
Upset bids may be filed with the court clerk for a period of ten
(10) days after the foreclosure sale.
- The sale may be postponed by announcing the
need to postpone at the time and place the regular sale would have
taken place. A notice of the postponement, stating the new date
and time the foreclosure sale will be held, must be posted on the
courthouse door.
Lenders may pursue a deficiency judgment
and borrowers retain the right to redemption.
More information on North Carolina foreclosure laws
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