Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Title: Understanding the Wake North Carolina Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession Introduction: In Wake County, North Carolina, when a judicial foreclosure sale of a property occurs, the purchaser may face issues regarding the possession or control of the property. This can lead to the filing of a complaint or petition by the purchaser against the possessor of the real property after the foreclosure sale, aiming to address and resolve these concerns. Key Types of Wake North Carolina Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession: 1. Complaint for Delivery of Possession: One common type of complaint filed by the purchaser is the "Complaint for Delivery of Possession." This legal document serves to request the court's assistance in obtaining possession of the property after winning it at a foreclosure sale. 2. Petition for Enactment: In some instances, if the possessor of the property refuses to vacate even after the court's order, the purchaser may be compelled to file a "Petition for Enactment." This legal action seeks the court's intervention to force the possessor's removal. 3. Complaint for Damages: When a purchaser encounters damage to the property caused by the possessor after the foreclosure sale, they may file a "Complaint for Damages." This action is pursued to seek compensation for any harm caused, such as destruction or intentional vandalism. 4. Petition for a Writ of Possession: For cases where the possessor of the property refuses to comply with the court's decision, the purchaser may submit a "Petition for a Writ of Possession." This document requests the court to authorize the issuance of a writ, empowering law enforcement to remove the possessor from the premises. 5. Complaint for Trespass: If the possessor remains on the property without the purchaser's consent or authorization, the purchaser can pursue a "Complaint for Trespass." This legal action aims to address the continued unauthorized occupation of the property, seeking eviction and possible damages. Conclusion: In Wake County, North Carolina, purchasers who face challenges regarding the possession of real property after a judicial foreclosure sale have various legal options available. Whether it involves seeking possession, judicial intervention, compensation, or eviction, these complaints or petitions cater to specific circumstances, ensuring purchasers can exercise their rights as property owners. It is essential to consult with an experienced attorney to determine the appropriate course of action based on individual circumstances.
