The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
North Carolina Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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US-01690BG
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FAQ
Can I sell my house with mortgage arrears? Yes you can, and sometimes that's the best option if there's no other way to pay what you owe. However, you do need to consider if this would be the best option for you.
Foreclosure is a legal process that allows lenders to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property.
Not repaying the outstanding balance by the end of your mortgage term could lead to the repossession of your home and may adversely affect your credit file.
Once your lender has the court order, they could ask you to leave the property quite quickly. You'll usually be given about 2 weeks from the date of the court order. Your lender can't sell the property with you in it, so they might ask the court for a warrant to make sure you leave.
Once you've handed your keys back your lender will sell the property on your behalf. If any money is made from the sale you'll get this back, but as the property will usually be sold at auction it may not make the best price.
Redeeming the House While many states say that sales are final, you are given a short period in which you can redeem your home under North Carolina law. This period lasts for just ten days after the home is sold.
What Are the Options Available for Borrowers During Foreclosure in North Carolina? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before or after the sale, or filing for bankruptcy.
After the 10-day upset bid period expires and the home is transferred, the new owner has the right to evict you from the property after giving you proper notice and time. The Sheriff will typically post a notice on the property and evict within 20-30 days after the deed to the home transfers.