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Re: Foreclosure questions...
Old 05-16-2006, 06:41 PM   #7
Thinks s/he gets paid by the post
 
Join Date: Jun 2005
Posts: 4,009
I've got cash on the barrelhead if you get in dire straights and just want to sell to avoid foreclosure. House conveys sans mother though, right? I've already got enough of those.

From a legal perspective, I'll recount my memories from North Carolina Real Estate Finance class from law school. It sounds like if you don't resolve the debt w/ the mortgage company soon, they'll begin foreclosure w/ the county clerk (Cumberland county I presume, if memory serves). Notice will be served on your mom and all other lienholders. You have a period to protest the foreclosure. Then the public auction date is set and advertised. Sale usually takes place by auction on the courthouse steps/lobby/etc at the time specified in the advertisement. If you cure default prior to the sale (pay what you owe), foreclosure is prevented. The debtor also has rights of redemption for a period after the foreclosure sale (I want to say 12 months, but not sure if the law is settled in that area).

Auction proceeds pay the sales fees, administrative fees, and foreclosing trustee's fees (usually ~5%) first. Then the mortgage company gets their share (debt owed, plus interest, penalties, fees, etc.). After everyone else is paid, the surplus, if any, goes to the debtor (your mom). If there is a deficiency (somebody doesn't get paid 100%), they can seek a deficiency judgment against the debtor.

Free advice, take it for what it's worth. My memory is a little fuzzy now. I've got a few names of Raleigh-based real estate attorneys that I've worked with in the past or know from somewhere. If you are interested.

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