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North Carolina Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 110 Days
Sale Publication 25 Days
Redemption Period None
Sale / NTS Sheriff

Judicial Foreclosures: In-court foreclosure proceedings are not very common for they only go through the court system if there is a problem with the title. In this case a lawsuit is filed to obtain a court ordered foreclosure, and the courts direct the sale process.

Non-Judicial Foreclosures: The most common foreclosure process in North Carolina is the out-of-court proceedings. This is because most mortgage documents hold a clause, which allows the lender to sell the property if the borrower defaults. A preliminary hearing will occur, but 10 days prior to this hearing the lender will send notice to the borrower indicating the amount owed. The hearing takes place to determine when the sale should take place.

Sale: A notice of sale must be published in the local newspaper once a week for two weeks, with the last publication appearing no more then 10 days before the sale date. The notice must be mailed to all parties involved and must include the names of all parties, a legal description of the property, and the sale date, time and location. The sale is held at the courthouse and is sold to the highest bidder. The borrower is allotted 10 days to redeem their property following the sale; they can do so by paying what is owed to the lender along with any other related costs.

Additional Information on North Carolina Foreclosure