- 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.
