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North Carolina
Foreclosure Posting Requirements
Foreclosures may be by Judicial or Non-Judicial Process. To commence a Non-Judicial foreclosure, a Notice of Hearing is filed and served by certified mail on all parties to the mortgage and junior lien holders. The hearing is before the Court Clerk, who validates the right to foreclose. Under a new statute, the Court Clerk may delay the hearing for up to sixty (60) days to allow for the borrower to cure the default. The Notice of Sale must be posted for a period of not less than twenty (20) days prior to the sale in a designated public posting area. The Notice of Sale must be published for two (2) consecutive weeks ending not more than ten (10) days prior to the sale. The Notice of Sale must be mailed to all parties at least twenty (20) days prior to the sale. There is no post sale period of redemption. Deficiency awards are available under limited circumstances.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as 'any public place within the county in which the property is located.' Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Appointment of Successor Trustee11
Recording of Notice of Hearing and Service1011
Hearing and appeal period7182
Notice of Sale posted20102
Notice of Sale mailed20102
Notice of Sale published88
Sale (within ten days of end of publication)1103

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
North Carolina Foreclosure Statutes