- Who sends it
- The buyer, trustee or lender applies to the clerk; the sheriff gives notice and carries it out
- What it starts
- Removal by the sheriff within 5 days of receiving the order, at a time stated in the sheriff's notice
- Do this first
- Call the sheriff's office for the removal time and call legal aid the same day
What this order is in North Carolina
Under N.C.G.S. 45-21.29(k), the clerk of superior court in the county of the sale can issue an order for possession in favor of the buyer only if the sale was completed and the price paid, the buyer has title, the foreclosure rules were followed, and 10 days' notice was given to the people still living there (30 days for buildings with 15 or more rental units). The buyer, trustee or lender applies by petition to the clerk.
Your notice of hearing warned that once the sale is completed, the buyer is entitled to possession from the date the deed is delivered.
How the days count
- 10 days: notice to people in the home before the clerk can issue the order.
- 5 days: the sheriff must carry out the order within 5 days of receiving it (N.C.G.S. 42-36.2(a)).
- Sheriff's notice: the sheriff must tell you the approximate time of removal, delivered at least 2 days before, or mailed at least 5 days before that time.
- 7 days: after removal, you can ask for your belongings back during regular business hours within 7 days. After that, they can be thrown away, sold or disposed of.
Tenants
The NC courts say tenants may have additional rights and should talk to a North Carolina attorney. For homes with fewer than 15 rental units, the notice of sale must also be mailed to occupants, and a tenant with a lease signed or renewed on or after October 1, 2007 can end the lease with written notice of 10 to 90 days after the sale date, owing rent only up to that date (N.C.G.S. 45-21.16A(b)).
What to do this week
- Call the sheriff's office named on the order to learn the approximate removal time.
- Call Legal Aid of North Carolina at 1-866-219-5262. Tell them if you are a tenant.
- Move important papers, medicine, pets and valuables first.
- If you get a cash for keys offer, get any agreement in writing.
- Check the trustee's final report in the clerk's file for surplus money. See North Carolina foreclosure surplus funds.
- Read after a North Carolina foreclosure sale and our national writ of possession 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
Can a North Carolina buyer change the locks without an order for possession?
The statute gives the buyer a process through the clerk, with 10 days' notice, and only the sheriff carries out the order. If someone tries to remove you without one, call legal aid or local law enforcement.
How long do I have after a North Carolina order for possession is issued?
The sheriff has no more than 5 days from receiving it to carry it out and must give you notice of the approximate time first (N.C.G.S. 42-36.2).
What happens to my belongings in North Carolina after removal?
The sheriff may store them if you do not take them. You can ask for them back within 7 days during regular business hours, and after that they can be disposed of or sold.
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 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.
- 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.