Legal Question in Real Estate Law in North Carolina

Re: Real Estate

This is a factually specific situatin that can't really be answered. Your friend needs to consult an attorney with all the relevant info. There are all sorts of issues that come into play.

I will tell you that if he owns 50% of the property by a valid deed that had been properly recorded and did not sign any deed of trust encumbering his interest, then the lender doesn't have any rights to his percentage ownership in the property. That does not mean that they couldn't force the sale of the house through some means but it does mean they would have no rights as to 50% of the proceeds.