Legal Question in Real Estate Law in North Carolina

We are in the process of letting the bank take our small rental house in NC (we live in FL), and have been delinquent on the mortgage for over 6 months. We lost our shirt on this rental over several years. The bank has notified us that they will be foreclosing, but as of yet nothing has been filed and we are still waiting.

We just got a letter from the local code enforcement that the lawn is overgrown and needs to be cut or we may suffer either fines or possible criminal charges.

Is there really any danger of prosecution for us in this situation? Can we be affected when we live in a different state? We expect the bank to take the house soon anyways...and dont want to spend more money on it if it isnt necessary.

thanks


Asked on 5/09/12, 6:10 am

1 Answer from Attorneys

It depends on where the house is at. There are some areas where banks are refusing to foreclose and allowing the property owner to keep the property if the owner will pay a frarction of the purchase price to the bank and the bank will release the mortgage lien. So the bank may or may not foreclose.

Have you tried to do a short sale of the property if it is worth less that what is owed? Is this your only mortgage? If so, have you inquired about a deed-in-lieu of foreclosure?

I would explore those options as an alternative to foreclosure if feasible.

How much does it really cost to hire a day laborer to go and cut the grass? When a property is foreclosed upon, there usually are no bidders other than the lender. Out of the sale proceeds, unpaid taxes or assessments and the mortgage lien are paid. The law does not address fines or criminal penalties.

For little funds, I would do yourself a favor and pay somebody to mow the grass periodically until the date of the foreclosure sale rather than risk further more expensive criminal sanctions/penalties. While an arrest warrant will not be issued for you if your are out of state, you could be stopped for a traffic matter someday - a check is run and the law enforcement authorities will see the NC matter and you may find youself in jail. So I would not risk it for something small.

However, I have not seen the document you have received and I don't primarily practice in this area. Another attorney may have a differing opinion and if you get different views, then I would consult with a foreclosure/real estate attorney in the county where the property is located. Even if I am 100% wrong, it will be cheaper in the long run for you to just pay someone to periodically mow the grass than to pay an attorney to tell you I am wrong. ITs your decision.

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Answered on 5/09/12, 8:32 pm


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