This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Complaint For Foreclosure In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.
For homeowners facing immediate foreclosure, filing for bankruptcy or obtaining a temporary restraining order (TRO) can be effective solutions. Chapter 7 or Chapter 13 bankruptcy creates an “automatic stay,” which temporarily halts all collection activities, including foreclosure auctions.
The Purchaser at the foreclosure sale must allow the tenant to stay at the property until either the end of the existing lease term or one year from the date the purchaser acquires “title” (legal ownership of the property)whichever is sooner. The purchaser is not required to renew the lease.
The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
A reinstatement is the simplest solution for a foreclosure, however it is often the most difficult.
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
More info
A clerk of superior court in the county where the real property is located has authority to authorize or deny a power of sale foreclosure. You should read through the entire packet before filling out any forms.First, choose the consumer complaint form that fits your problem. The attorney will then prepare a complaint listing Mecklenburg County and any affected municipality as the Plaintiffs (complaining parties). Learn how the North Carolina foreclosure process works, including preforeclosure steps, foreclosure procedures, and homeowner rights . If you're outside the county, you have to call 7043367600. This part of the booklet explains where to sue, which complaint form to use, how to fill in the proper legal forms, how to file the claim, and how to get the. Foreclosure Hearing – Mecklenburg County NC – Wells Fargo. The Georges owned the property in Mecklenburg County but lived in the Virgin Islands. Their three daughters lived at the property to attend college.