Foreclosure Defense in Greensboro, Durham, and all of the Middle District
Receiving a notice of default or a foreclosure hearing notice is a terrifying experience. However, a notice is not an eviction order. In North Carolina, you have specific legal rights and a window of opportunity to fight for your home.
At the Law Office of Stephen E. Robertson, PLLC, we specialize in Foreclosure Defense for residents of Greensboro, Durham, and the surrounding Piedmont Triad. North Carolina is a “Power of Sale” state, meaning foreclosures can move quickly through the Clerk of Court. Our goal is to slow the process down, hold lenders to the letter of the law, and find a sustainable path to keep you in your home.
The Foreclosure Process in North Carolina
Under N.C.G.S. Chapter 45, a lender cannot simply seize your home. They must go through a “Special Proceeding” before the Clerk of Superior Court.
1. The Pre-Foreclosure Notice
At least 45 days before filing a formal foreclosure, the lender must send you a detailed notice containing information on the amount past due and a list of government-approved counseling agencies. If they skip this step, the entire foreclosure action may be procedurally flawed.
2. The Hearing Before the Clerk
This is the most critical stage. The Clerk of Court must find that four elements exist:
- A valid debt exists.
- The debtor is in default.
- The lender has the right to foreclose under the deed of trust.
- All parties were properly served with notice.
We represent clients at these hearings, often seeking a 60-day continuance for “good cause.” If you are actively working on a loan modification or have a reasonable likelihood of resolving the delinquency, the Clerk has the statutory authority to grant you more time.
Proven Strategies for Defense
There are several legal avenues we explore to halt or prevent the sale of your property:
- Loan Modifications: We negotiate with your servicer to “roll” the arrears into the back of the loan, lower your interest rate, or extend the term to make payments affordable.
- Challenging “Standing”: Due to the frequent selling of mortgages, lenders often lack the original “wet ink” promissory note. If the lender cannot prove they are the actual holder of the debt, they cannot legally foreclose.
- Repayment Plans and Forbearance: We help draft formal agreements that allow you to pay back the missed amount over a set period while maintaining your current monthly payments.
- Short Sales and Deeds in Lieu: If staying in the home is no longer feasible or desired, we negotiate “graceful exits” that prevent the massive credit damage of a completed foreclosure and may involve “cash for keys” to help you relocate.
- Bankruptcy Integration: When necessary, filing for Chapter 13 Bankruptcy creates an “Automatic Stay,” immediately stopping the foreclosure sale and allowing you to pay back arrears over a 3-to-5-year court-approved plan.
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Even after a foreclosure sale occurs at the courthouse steps, North Carolina offers a unique safety net: the 10-day upset bid period. The sale is not final for 10 days. During this time, you can still pay off the loan (redemption) or file for bankruptcy protection to stay the proceedings. We act with extreme urgency during this critical window.
Contact the Law Office of Stephen E. Robertson, PLLC immediately if you have received a foreclosure notice. Time is your most valuable asset.