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However, in North Carolina, a preliminary hearing must be held before a power of sale foreclosure can take place. After the preliminary notices have been issued, the clerk of the court will conduct a hearing to determine whether or not a foreclosure sale may take place. If and when the clerk issues a notice of sale, the foreclosure may proceed as follows: A notice of sale must be: 1) mailed first class mail to the borrower at least twenty (20) days before the sale 2) published in a newspaper of general circulation in the county where the property is located once a week for two (2) successive weeks, with the last ad being published not less than ten (10) days before the sale and 3) posted on the courthouse door for twenty (20) days prior to the foreclosure sale. Said notice must name the borrowers, the lenders, provide a description of the property and state the date, time and place of sale.
The sale must be conducted at the courthouse in the county where the property is located between the hours of 10:00 am and 4:00 pm. Upset bids may be filed with the court clerk for a period of ten (10) days after the foreclosure sale. The sale may be postponed by announcing the need to postpone at the time and place the regular sale would have taken place. A notice of the postponement, stating the new date and time the foreclosure sale will be held, must be posted on the courthouse door. Every sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties.
A sale of a single tract of real property situated in two or more counties may be held in any one of the counties in which any part of the tract is situated. As used in this section, a single tract means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons, next payday advance reviews or whether it may have been subdivided into other units or lots, or whether it is sold as a whole or in parts. When a mortgage or deed of trust with power of sale of real property designates the place of sale within the county, the sale shall be held at the place so designated. When a mortgage or deed of trust with power of sale of real property confers upon the mortgagee or trustee the right to designate the place of sale, the sale shall be held at the place designated by the notice of sale, which place shall be either on the premises to be sold or as follows: Property situated wholly within a single county shall be sold at the courthouse door of the county in which the land is situated.
A single tract of property situated in two or more counties may be sold at the courthouse door of any one of the counties in which some part of the real property is situated. If a mortgage or deed of trust contains provisions with respect to a cash deposit at the sale, the terms of the instrument shall be complied with. If the highest bidder fails to make the required deposit, the person holding the sale may at the same time and place immediately re-offer the property for sale. The mortgagee or trustee granted a power of sale under a mortgage or deed of trust who seeks to exercise such power of sale shall file with the clerk of court a notice of hearing in accordance with the terms of this section. After the notice of hearing is filed, the notice of hearing shall be served upon each party entitled to notice under this section of the laws. The notice shall specify a time and place for the hearing before the clerk of court and shall be served not less than 10 days prior to the date of such hearing.
The notice shall be served and proof of service shall be made in any manner provided by the short term loans direct lenders Rules of Civil Procedure for service of summons, including service by registered mail or certified mail, return receipt requested. However, in those instances that publication would be authorized, service may be made by posting a notice in a conspicuous place and manner upon the property not less than 20 days prior to the date of the hearing, and if service upon a party cannot be effected after a reasonable and diligent short term loans direct lenders effort in a manner authorized above, notice to such party may be given by posting the notice in a conspicuous place and manner upon the property not less than 20 days prior to the date of hearing. Service by posting may run concurrently with any other effort to effect service. In the event that the service is obtained by posting, an affidavit shall be filed with the clerk of court showing the circumstances warranting the use of service by posting.
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If any party is not served or is not timely served prior to the date of the hearing, the clerk shall order the hearing continued to a date and time certain, not bad credit installment loan less than 10 days from the date scheduled for the original hearing. All notices already timely served remain fast loan online effective. The mortgagee or trustee shall satisfy the notice requirement of this section with respect to those parties not served or not timely served with respect to the original hearing. Any party timely served, who has not received actual notice of the date to which the hearing has been continued, shall be sent the order of continuance by first-class mail at his last known address. Any person obligated to repay the indebtedness against whom the holder thereof intends to assert liability therefore, and any such person not notified shall not be liable for any deficiency remaining after the sale. Every record owner of the real estate whose interest is of record in the county where the real property is located at the time the notice of hearing is filed in that county. Tenants in possession under unrecorded leases or rental agreements shall not be considered record owners. Notice shall be in writing and shall state in a manner reasonably calculated to make the party short term loans direct lenders entitled to notice aware of the following: The particular real estate security interest being foreclosed, with such a description as is necessary to identify the real property, including the date, original amount, original holder, and book and page of the security instrument. Any right of the debtor to pay the indebtedness or cure the default if such is permitted.
The right of the debtor (or other party served) to appear before the clerk of court at a time and on a date specified, at which appearance he shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to be held. The name, address, and telephone number of the trustee or mortgagee. That the debtor should keep the trustee short term loans direct lenders or mortgagee notified in writing of his address so that he can be mailed copies of the notice of foreclosure setting forth the terms under which the sale will be held, and notice of any postponements or re-sales. Describe the instrument pursuant to which the sale is held, by identifying the original mortgagors and recording data. If the record owner is different from the original mortgagors, the notice shall also list the record owner of the property, as reflected on the records of the register of deeds not more than 10 days prior to posting the notice.
The notice shall be published once a week for at least two successive weeks in a newspaper published and qualified for legal advertising in the county in which the property is situated. If short term loans direct lenders no such newspaper is published in the county, then notice shall be published once a week for at least two successive weeks in a newspaper having a general circulation in the county. In addition to the required newspaper advertisement, the clerk may in his discretion, on application of any interested party, authorize such additional advertisement as in the opinion of the clerk will serve the interest of the parties, and permit the charges for such further advertisement to be taxed as a part of the costs of the foreclosure.