Foreclosure Sign in Front of House

A foreclosure hearing is an opportunity for you to appear in front the clerk of the court of the county in which your home is located to dispute the right of the mortgage company to foreclose and sell your home at a foreclosure sale. The clerk of the court is similar to a judge regarding the foreclosure process.

The details of the process is located in North Carolina Gen. Statutes 45-21.16.

Usually the mortgage company will have an attorney to appear on their behalf to state to the clerk of the court you are behind on your mortgage payments. The attorney usually provides documentation to the clerk to prove you are behind on your house payments.

You also have the opportunity to appear before the clerk of the court to state a legal reason as to why the foreclosure sale should not be allowed. Usually your defenses to the foreclosure sale are limited at the hearing.

Some common defenses are you are not behind on your mortgage payments and the mortgage company is mistaken through technical errors on their part. In other words, you are current on your mortgage payments and they have no right to foreclose on your home.

Another defense is that through technical legal issues you were not provided proper notice of the foreclosure proceedings and therefore the foreclosure hearing is a violation of your due process rights afforded under the Constitution. This is usually a weak defense to the foreclosure sale.

This whole process in front of the clerk is usually under 10 minutes. Generally, you are either behind on your mortgage payments and the sale will be allowed or you can provide proof that you’re not behind on your mortgage payments. In this event, the foreclosure sale will be canceled.

Probably 90% of the foreclosure hearings are won by the mortgage company. However, if there is a question of the legality of the foreclosure sale, many times the clerk of the court will continue the hearing to a future date to resolve these issues.

Usually if the clerk of the court allows the foreclosure sale to continue, the home is usually sold 3 to 4 weeks after the hearing. The exact time of the sale depends upon the mortgage company and their attorney. However, under state law there must be a minimum amount of time after the hearing before the home can be sold at the foreclosure sale.

Luckily, a chapter 13 bankruptcy with Duncan Law will stop the foreclosure