Writ Of Possession Real Property: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
A writ of possession, in the context of High Point, North Carolina, refers to a legal document or order issued by a court that grants the rightful owner of a specific real property the authority to regain possession and control of the property. This legal process is typically utilized when a tenant or occupant of the property has violated the terms of their lease agreement or has otherwise failed to vacate the premises after the expiration of their tenancy. In North Carolina, there are two types of writs of possession for real property: the writ of possession for summary enactment and the writ of possession for foreclosure. 1. Writ of Possession for Summary Enactment: This type of writ is applicable when a landlord or property owner seeks to remove a tenant or occupant who has breached the terms of their rental agreement. Common reasons for seeking summary enactment include non-payment of rent, property damage, illegal activities, or violations of lease provisions. To obtain a writ of possession for summary enactment, the landlord must first file a complaint in the North Carolina court system. If the court finds in favor of the landlord, a writ of possession will be issued, allowing the sheriff or other authorized law enforcement officer to remove the tenant or occupant from the property. 2. Writ of Possession for Foreclosure: If a property owner fails to make timely mortgage payments, the lender may initiate foreclosure proceedings. Once the foreclosure process is complete, and the court grants the lender ownership of the property, a writ of possession for foreclosure is issued. This writ allows the lender to take legal possession of the property and remove any occupants from the premises. The sheriff's office or another designated authority will typically carry out the actual eviction process. Both types of writs of possession require the involvement of the court system and law enforcement authorities to enforce the rightful owner's claim to the property. It is crucial to follow the proper legal procedures and timelines while respecting the rights and protections provided to tenants and occupants under North Carolina law. In summary, a High Point, North Carolina writ of possession for real property is a court-ordered document that enables a property owner to regain control and possession of their property. Whether it is for summary enactment or foreclosure, these writs provide a legal means for resolving disputes and ensuring compliance with property rights and lease agreements.
