Legal Question in Real Estate Law in North Carolina

real estate law

my father lost a home to foreclosure. he also had a deed to 3 acres of property at a different location. we found out today that land somehow was included in the foreclosure. the foreclosure was due to loan that was made on the home. and there was no way this he would have agreed to the loan and the home because I was planning on building a home on one of those acres. Is there anything that can be done. and it seems to us that 2 deeds would have had to been put up. Is it possible the mortgage company included this land when looking up the info on the home?

Angela in North Carolina 336-693-6343


Asked on 5/29/08, 5:50 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: real estate law

First you need to consult a real estate attorney and bring him/her any documents. The first thing to review is the deed of trust to see what it secured. I can't tell from your facts whether it is a mistake with the original deed of trust or the foreclosure. Did your father use a closing attorney for the mortgage? Also, if the lender did something wrong, you would need to bring an action really quickly in order to retain the possibility of getting the land back. If it gets sold to a third party before you file an action, you would not be able to recover the land.

- Jeff

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Answered on 5/30/08, 3:56 am


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