Got a notice of foreclosure hearing? Here is what it means
A notice of hearing means the foreclosure has been formally filed with the Clerk of Superior Court. It is serious, and it is not the end: the hearing is not the sale, and you usually have more options than the paper suggests.
What the notice tells you
A foreclosure has been filed
The lender’s trustee has started a foreclosure special proceeding with the Clerk of Superior Court in the county where the house is. For Charlotte, that is the Mecklenburg County courthouse.
The hearing date
The notice must be served at least ten days before the hearing. The date, time and place are on the notice.
N.C.G.S. 45-21.16
Your rights
The notice states that you have the right to appear and contest the foreclosure and the right to seek legal counsel.
The file number
North Carolina foreclosures are special proceedings, so the file number includes SP. Use it to look the case up on the courts’ eCourts Portal or with the Clerk’s office.
What the hearing actually decides
The Clerk is not deciding whether you deserve another chance. The Clerk decides whether six specific things are true — a valid debt held by the party foreclosing, a default, a right to foreclose, proper notice, the required pre-foreclosure notice on a home loan, and that the sale is not barred. If they are, an order allowing the sale is entered. The six findings and what you can contest.
That order is permission to schedule a sale, not the sale itself. The sale still has to be advertised, and after it there is a ten-day upset bid period.
What to do this week
Write down the hearing date. Then confirm it with the Clerk’s office. Dates can move, and you want to know if they do.
Find the 45-day letter. If the loan is on your home and you never received the pre-foreclosure notice, tell an attorney — it is one of the things the Clerk has to find.
Ask the servicer about loss mitigation, in writing. A complete application received more than 37 days before a scheduled sale generally stops the servicer from moving ahead with the sale while it is reviewed.
Find out what the house is worth. That decides whether selling, a short sale or something else fits. Your options compared.
Talk to someone before the hearing. A free HUD-approved counselor, an attorney if you want to contest, or us.
Frequently asked questions
Do I have to go to the foreclosure hearing?
You do not have to, but if you do not, the Clerk can still enter an order allowing the sale. Attending is your chance to contest the six findings, usually with an attorney.
How long after the notice of hearing is the sale?
The hearing is at least ten days after you are served. If the Clerk allows the sale, the sale must then be advertised for at least two weeks, so the auction is usually several weeks or more after the hearing.
Can I still sell my house after getting a notice of hearing?
Yes. You own the house until the sale is final, and closing a sale before the auction ends the foreclosure. See selling before foreclosure in Charlotte.
Is the notice of hearing the same as an eviction?
No. It starts the court-supervised foreclosure process. Nothing about your right to live in the home changes until after a sale is final and the buyer has the deed.
General information for Charlotte and Mecklenburg County homeowners. It is not legal, tax or financial advice. Terri Lombardo is a licensed real estate broker, not an attorney or tax adviser.
Free HUD-approved housing counseling is available to North Carolina homeowners through the NC Housing Finance Agency on 1-888-442-8188.
Just received a notice of hearing?
Tell us the hearing date on the notice. We will walk you through what happens next and which options still fit before the sale.
Serving Charlotte and all of Mecklenburg County.