- Who sends it
- The trustee, by first-class mail, plus courthouse posting and newspaper ads
- What it starts
- A sale at least 20 days later, which can be postponed up to 90 days from the original date
- Do this first
- Call the trustee to confirm the date and ask for a written payoff figure
What this notice is in North Carolina
Under N.C.G.S. 45-21.16A, the notice of sale must identify the deed of trust and the record owner, give the date, hour and place of sale, describe the property, and state the terms, including any cash deposit the high bidder must pay. For a home with fewer than 15 rental units, it must also say that the buyer can get an order for possession from the clerk, and that a tenant with a lease signed or renewed on or after October 1, 2007 can end the lease with 10 to 90 days' written notice.
Sometimes the notice of hearing also serves as the notice of sale, if it contains this information.
How the 20 days and the postponements count
- Posting: in the area the clerk designates for public notices, at least 20 days before the sale (N.C.G.S. 45-21.17).
- Mailing: by first-class mail at least 20 days before the sale to each person entitled to notice of the hearing whose address the trustee knows.
- Newspaper: once a week for at least 2 successive weeks, with the last ad no more than 10 days before the sale.
- Sale time: between 10 a.m. and 4 p.m. on a day the clerk's office is normally open (N.C.G.S. 45-21.23).
- Postponement: the trustee can postpone more than once for reasons listed in N.C.G.S. 45-21.21, but the sale must be held within 90 days of the original date. If not, a new notice of sale must be posted, mailed and published, but no new hearing is needed.
Checking whether the sale is still on
If a sale is postponed, the trustee must announce it at the time and place of the sale, note it on the posted notice with the new date and the reason, and give you written or oral notice. The trustee must also deliver a written notice to the clerk before the sale saying whether it was withdrawn, rescheduled or postponed, and post it at the courthouse. Call the trustee, and ask the clerk of superior court about your special proceeding file.
What you can still do
- Ask your servicer, in writing, to postpone the sale while your application is reviewed. The NC courts say a lender may postpone or cancel a sale if you are actively working with it.
- Pay the full debt plus the sale expenses and trustee's fee before the sale (N.C.G.S. 45-21.20). This right continues through the upset bid period after the sale.
- A lawyer can ask a superior court judge to stop the sale on legal or equitable grounds before the rights of the parties become fixed (N.C.G.S. 45-21.34).
- A bankruptcy filing can stay the sale. Talk to a licensed bankruptcy attorney or legal aid first.
What to do this week
- Call the trustee named on the notice and confirm the date, time and place.
- Call Legal Aid of North Carolina at 1-866-219-5262 and the State Home Foreclosure Prevention Project at 1-888-442-8188.
- If a relative or friend may bid, note the deposit terms in the notice. If the deed of trust does not say otherwise, the trustee can require up to 5 percent of the bid or $750, whichever is greater.
- Read what to do when a North Carolina sale date is set and our national notice of sale page.
The rest of the North Carolina process
See how foreclosure works in North Carolina, the timeline, ways to stop it and free help in North Carolina, or read the national guide to this letter.
Common questions
How much notice do I get before a North Carolina foreclosure sale?
The notice 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 with the last ad no more than 10 days before (N.C.G.S. 45-21.17).
How long can a North Carolina foreclosure sale be postponed?
The trustee can postpone more than once, but the sale must be held within 90 days of the original date, counted under Rule 6 of the Rules of Civil Procedure (N.C.G.S. 45-21.21). After that, a new notice of sale is required.
Is the North Carolina sale final on the auction day?
No. The sale stays open for at least 10 days for upset bids. See the notice of upset bid.
Other North Carolina letters
- 45-day pre-foreclosure noticeFor 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.
- 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.
- Clerk's order allowing the foreclosure saleAfter 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.
- Notice of Upset BidAfter 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.
- Order for possessionIf 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.