Assistance may also be available to borrowers from the North Carolina Foreclosure Prevention Fund using the link provided on the Housing website. Equitable defenses may only be raised by filing a separate civil lawsuit to “enjoin” (stop) the sale before it becomes final. Judicial Foreclosure The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Property Search. Our efforts, along with those of the other attorneys retained by the County of Durham, have caused a noticeable increase in the successful tax collection rate of the Durham Tax Office and the City of Durham Collector of Revenue. Each party that is served is clearly informed by the summons that written answer, if any, must be filed with the Court within 30 days from the date the papers were served on the party. The bank must file a lawsuit against the homeowner having trouble making his house payment before a sale date for the home can be set. Alamance County Free Search. You selected North Carolina foreclosures.Now select the county in which you want to look for a property. Title will be delivered by a non-warranty commissioner’s deed. The trustee is a neutral third party that holds legal title to real property as security for a debt until the debt is satisfied. The Durham City/County Tax Office, at the direction of the Durham County Commissioners and the Durham City Council, has for many years proactively and aggressively pursued the the collection of delinquent real property taxes. This means that unlike many other states in which a lender seeking to foreclose must go through a lengthy judicial process in order to regain collateral (your house), North Carolina lenders may foreclose through a private sale process. Possibly. However, once the foreclosure property sale has been completed with a confirmation order and delivery of deed, all rights of redemption are terminated. Once the 10-day period passes with no further bids, the foreclosure sale may be finalized. View North Carolina Department of Revenue frequently asked questions about tax warrants including link to local county service centers. You can find information on scams involving foreclosure assistance from the. If you anticipate missing a payment on your mortgage then you need to contact your lender before you even miss a payment. For almost all the segments of the property tax, January 1 is the tax lien date. Can the tax, city lien or assessment foreclosure sale be stopped or redeemed from sale? You can view a listing of, The NC Foreclosure Prevention Fund, managed by the North Carolina Housing Finance Agency, provides financial assistance to some homeowners who are having temporary difficulty paying their mortgages. The Tax Department only forecloses if there is no response from the property owner after action is taken or if the property owner does not follow through with an agreed upon payment arrangement made with the Tax Department. If no upset bids are received (see above), then the sale will be confirmed to the County of Durham (for tax foreclosure cases) or the City of Durham (for city lien and/or assessment foreclosure cases), and a deed will be issued to the County or City of Durham. The judge is limited to hearing the same issues considered by the clerk of superior court, as listed above. A: State law provides that any owner, mortgage holder, or defendant in a filed tax foreclosure proceeding can stop the foreclosure process at any time by redeeming the property. The County will refer the account to an outside attorney who will handle all aspects of the foreclosure proceeds. You selected North Carolina foreclosures.Now select the county in which you want to look for a property. 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