What happens if I miss my foreclosure hearing in North Carolina?
Missing the hearing does not mean you lost the house. It usually means the Clerk entered an order allowing a sale. The sale itself has not happened yet, and most options are still open.
What the Clerk decided without you
At a North Carolina foreclosure hearing the Clerk of Superior Court decides six things, including whether there is a valid debt, a default and proper notice. If you were not there, the Clerk decides them on the lender’s paperwork. If they are met, an order allowing the sale is entered. What the Clerk has to find.
What still has to happen before a sale
Appeal window
The order can be appealed to a Superior Court judge within ten days. That is an attorney’s decision, and the clock is short.
Notice of sale
The sale has to be posted at the courthouse and published in a newspaper for at least two weeks first.
N.C.G.S. 45-21.17
The auction
A weekday between 10 a.m. and 4 p.m. at the courthouse.
Upset bid period
Ten days after the auction before anything is final. How that works.
What you can still do
Selling, a short sale, catching up, a complete loss mitigation application and bankruptcy are all still possible after a missed hearing — they just have less time to work. Find out the sale date first, then work backward. What actually stops a foreclosure.
Frequently asked questions
Can the hearing be rescheduled if I missed it?
Once an order is entered, the route is usually an appeal within ten days, not a new hearing. Talk to a foreclosure attorney quickly if you want to challenge it.
How soon after the hearing is the sale?
Usually several weeks at least, because the sale has to be advertised for two weeks and the lender’s attorney has to schedule it.
Where do I find my sale date?
In the notice of sale mailed to you and posted at the courthouse, or in the court file with the Clerk of Superior Court.
General information for North Carolina 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.
Missed the hearing?
Tell us the date on the notice and whether you have a sale date yet. We will tell you what still fits in the time left.
Serving Charlotte and the surrounding counties.