Legal Question in Real Estate Law in North Carolina

I am owner financing my house the deed is in my name the owner put a lien with their name on it until i pay it off. The house caught on fire about 3 months ago and was burned pretty badly. I have a person that wants to purchase what is left of the property. I have tried for the last 3 months to contact the owner with no luck. I have been told they are in China. I have tried to contact them through regular mail and also e mail to no avail. is there anyway to get the deed free so that i can sell the property it is stopping me and my wife from purchasing another home and we only owe about 14000 left we would love to pay here but who knows when we will be able to reach her.


Asked on 5/25/11, 6:00 pm

1 Answer from Attorneys
Rachel Hunter

You must get a satisfaction or release from the lienholder or the property cannot be sold.

Who do you make your payments to? You have to have a way of contacting them. Is there a trustee listed in the deed of trust?

When property is financed, usually the person who provides the financing is named as the loss payee on your homeowners insurance. I am guessing though that since this was owner financed that this was not done. Did you have insurance? If so, read your policy and see if the insurer will pay if you decide not to rebuild. Use the funds to pay off the owner. Then you can sell the property to the buyer.

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Answered on 5/26/11, 5:06 pm


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