Legal Question in Real Estate Law in North Carolina
We have moved out of our home because we received a letter stating intent to foreclose. We have not gotten any other documentation. When checking the home we noticed that there are papers on the windows saying the home has been winterized. The back door locks have been changed. Since we have gotten NO documentation saying when the foreclosure will take place. Can we move our outbuilding off of this property??? (Legally)
1 Answer from Attorneys
Yes an no. The property is likely going into foreclosure at somepoint. What happens is when foreclosure proceedings are considered the bank sends persons to do property inspections to determine if someone lives there. It is likely they discovered that you left the home and took steps the secure it.
You can take the outbuilding if: 1 it can be removed without damaging the property, 2 it is not listed on the deed of trust as collateral, and 3 it is not otherwise considered a fixture on the land.