Legal Question in Real Estate Law in North Carolina

The answer to your question is that after sale, not much can be done. See the statutes set forth below.

I don't understand why you want to attack a foreclosure sale AFTER it has been held. The time to enjoin it is BEFORE the sale.

If you are trying to sell the home or file ankruprcy, you have up until 10 days after the sale generally. Again, don't wait.

Foreclosures are non-judicial in NC in most cases. That means that they are not before a judge but the clerk of court who may or may not e a lawyer. The only issues before the clerk is whether you have a mortgage and whether you are in default on your mortgage payments. It doesn't matter how slimey the lender is or whether they engaged in fraud. These issues are not relevant in a mortgage foreclosure and if these factors exist in your case, the best thing to do is (a) get a lawyer specializing in foreclosure defense; (2) enjoin the foreclosure proceedings; and (3) bring a separate lawsuit to raise your other issues about the loan or lending practices/procedures.

I don't do foreclosure defense and this is my opinion after reading the statutes. If an attorney specializing in this area has a different view, I would defer to that attorney.

� 45‑21.29A. No necessity for confirmation of sale.

No confirmation of sales or resales of real property made pursuant to this Article shall be required. If an upset bid is not filed following a sale, resale, or prior upset bid within the period specified in this Article, the rights of the parties to the sale or resale become fixed.

� 45‑21.34. Enjoining mortgage sales on equitable grounds.

Any owner of real estate, or other person, firm or corporation having a legal or equitable interest therein, may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45‑21.29A to enjoin such sale, upon the ground that the amount bid or price offered therefor is inadequate and inequitable and will result in irreparable damage to the owner or other interested person, or upon any other legal or equitable ground which the court may deem sufficient: Provided, that the court or judge enjoining such sale, whether by a temporary restraining order or injunction to the hearing, shall, as a condition precedent, require of the plaintiff or applicant such bond or deposit as may be necessary to indemnify and save harmless the mortgagee, trustee, cestui que trust, or other person enjoined and affected thereby against costs, depreciation, interest and other damages, if any, which may result from the granting of such order or injunction: Provided further, that in other respects the procedure shall be as is now prescribed by law in cases of injunction and receivership, with the right of appeal to the appellate division from any such order or injunction.

� 45‑21.35. Ordering resales; receivers for property; tax payments.

The court or judge granting such order or injunction, or before whom the same is returnable, shall have the right before, but not after, the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45‑21.29A to order a resale by the mortgagee, trustee, commissioner, or other person authorized to make the same in such manner and upon such terms as may be just and equitable: Provided, the rights of all parties in interest, or who may be affected thereby, shall be preserved and protected by bond or indemnity in such form and amount as the court may require, and the court or judge may also appoint a receiver of the property or the rents and proceeds thereof, pending any sale or resale, and may make such order for the payment of taxes or other prior lien as may be necessary, subject to the right of appeal to the appellate division in all cases.