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North Carolina · What this letter means

North Carolina foreclosure letters and notices

The papers North Carolina homeowners receive, in the order they usually arrive. Each page uses the name on the North Carolina document, explains the deadline it starts under North Carolina law, and lists what to do this week.

  1. Step 1

    45-day pre-foreclosure notice

    For a home loan on your primary residence, North Carolina requires your servicer to mail this notice at least 45 days before it files a foreclosure notice of hearing. It lists what you owe to catch up and tells you where to get free help. It is a warning, not a court case.

    What it means
  2. Step 2

    Notice of hearing (power of sale foreclosure)

    In North Carolina, a power of sale foreclosure starts when the trustee files a notice of hearing with the clerk of superior court. It must be served on you at least 10 days before the hearing, or posted on the home at least 20 days before. At the hearing, the clerk decides whether the trustee may sell.

    What it means
  3. Step 3

    Clerk's order allowing the foreclosure sale

    After the hearing, the clerk of superior court can sign an order authorizing the trustee to sell your home. You have 10 days to appeal it to a judge. An appeal stops the sale only if you post a bond, usually 1 percent of the principal balance for an owner who lives in the home.

    What it means
  4. Step 4

    Notice of sale (trustee's foreclosure sale)

    The notice of sale tells you the date, hour and place the trustee will auction your home. It must be posted at the courthouse and mailed to you at least 20 days before the sale, and published in a newspaper for 2 weeks. The sale is held between 10 a.m. and 4 p.m. and is not final on sale day.

    What it means
  5. Step 5

    Notice of Upset Bid

    After a North Carolina foreclosure auction, anyone can raise the bid within 10 days. Each higher bid is filed with the clerk on a Notice of Upset Bid, and the trustee must mail you notice. Each one starts a new 10-day period, and until the last period ends you can still end the foreclosure by paying the full debt and expenses.

    What it means
  6. Step 6

    Order for possession

    If you are still in the home after the sale is final and paid for, the buyer can ask the clerk of superior court for an order for possession after giving you 10 days' notice. The sheriff then has no more than 5 days to carry it out and must tell you the approximate time first.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in North Carolina.