Your options in Mecklenburg County, compared
Six ways this can end. Which ones are still open to you depends on two things — whether you have equity, and how much time is left — and almost never on which one you would prefer.
Do not let the bank take control of your home
Terri Lombardo, Broker and Owner, Carolina Venture REI.
Start with one question
Before comparing anything: is the house worth more than you owe on it, or less? Everything below sorts differently depending on the answer.
If the house is worth more than you owe
You have equity, and equity is the thing every other outcome takes from you. A foreclosure sale does not hand you the difference in any reliable way, and neither does signing the house back to the lender. Selling is the only route that keeps it.
Homeowners frequently do not know which side of this line they are on, because they are working from what they paid rather than what it is worth now. Establishing that number is the first thing worth doing.
If you owe more than it is worth
Selling normally will not clear the loan, so the question becomes which form of lender cooperation you are pursuing — a short sale, or handing the property back. Both need the lender to agree, and neither automatically wipes out the shortfall.
The six outcomes
Each of these is a real path someone in Mecklenburg County takes. What separates them in practice is not which sounds best, but how much runway each one needs. How much runway you actually have depends on which stage you are at — the full North Carolina guide walks through all seven, and the Mecklenburg County page has the courthouse details.
Sell before the auction
An ordinary sale, closed before the sale date. If you have equity this is almost always the best outcome available, because it is the only one where the difference between the price and the debt comes back to you.
Runway needed: the most of any option. Listing, finding a buyer, and closing all have to fit before the sale date, so this is the first option that time takes off the table.
Short sale
Selling for less than the balance, with the lender agreeing to release the lien. The Consumer Financial Protection Bureau is explicit that the shortfall is not automatically forgiven — you have to ask the lender to waive the deficiency, and get that waiver in writing.
Runway needed: substantial, and mostly outside your control. The lender’s approval is the slow part, not finding a buyer.
Deed in lieu of foreclosure
Handing ownership back rather than going through the sale. It gives away any equity, it needs the lender to accept, and it usually fails where a second mortgage or a lien is attached. The deficiency rules are the same trap as a short sale — what a deed in lieu does and does not do.
Runway needed: less than a sale, which is exactly why it starts looking attractive late, and exactly when people sign it without the waiver.
Loan modification
Restructuring the loan so you keep the house. It depends on income and on the servicer, and the honest answer is that it is realistic for some households and not for others. Anyone telling you it is a certainty has not seen your file.
Runway needed: varies wildly by servicer, and an application in progress does not by itself stop the clock.
Bankruptcy
Filing can pause a sale, in some circumstances even shortly after it. This is a legal step rather than a real estate one, with consequences well beyond the house, so it is a point at which we refer you to an attorney rather than advise you ourselves.
Runway needed: can act very late, which is why it is sometimes the only thing left — and why it should not be the plan if you still have earlier options.
Doing nothing
Also a decision. It ends with lost equity if you had any, a foreclosure on your credit record, and the possibility of being pursued for the shortfall afterwards.
Runway needed: none, which is the only thing it has going for it.
About the people who will contact you
Once the filing is public, the offers start. Some are legitimate. The pitch is always speed, and the price of speed is your equity.
Beware of the investor equity hunters
Terri on investor equity hunters.
They find you through the public record
Once a foreclosure is filed in Mecklenburg County it is public. The letters and doorstep visits that follow are not a coincidence and not a sign that someone noticed you personally.
Speed is the pitch, and the price
A fast cash offer is a real product with a real cost: it is below what the house would fetch on the open market. That trade can be worth making when time has genuinely run out. It is a bad trade when you still had months and did not know it.
Equity is what is being bought
The offers get most aggressive where there is most equity to capture. If you are being pursued hard, that is information about your house, and it is worth finding out what the number actually is before you accept anyone’s.
What to do about it
Find out what the house is worth from someone who is not trying to buy it. That is true of us as well — if the right answer is to list it on the open market and we are not the right people to do it, we will say so.
Frequently asked questions
Which option is best?
The one your equity and your remaining time still allow. Those two facts rule out more options than preference ever does, which is why establishing them comes before choosing.
How much time do I actually have?
More than most people assume at the point they call. The notice of hearing has to reach you at least ten days before the hearing, the sale is a separate and later event, and even after the sale there is a ten-day upset bid window. See what happens at the hearing.
Can I pursue more than one at once?
Often yes, and frequently you should. Listing the property while a modification application is pending is common, because the application alone does not stop the sale.
Do I have to use a realtor for any of this?
No. Free HUD-approved housing counseling is available to North Carolina homeowners and costs nothing, and some situations need an attorney rather than an agent. We will tell you which one you are in.
Does applying for a loan modification stop foreclosure?
Not by itself. Under federal servicing rules, 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 being evaluated. An incomplete application does not. Get written confirmation that your application is complete, and keep your other options moving in the meantime.
Will filing bankruptcy stop a foreclosure sale?
A bankruptcy filing puts an automatic stay in place that halts the sale while the case is open, and in North Carolina it can still stop the transfer during the upset bid period. Whether it solves the problem or only delays it depends on your income and your plan. That is a question for a bankruptcy attorney, and we will refer you to one.
I am behind but no foreclosure has been filed yet. What should I do?
This is the best moment to act, because every option is still open. You can catch up or negotiate a repayment plan, apply for a modification with no sale date pressing, or sell while your equity is fully intact. North Carolina requires your servicer to send a pre-foreclosure notice at least 45 days before filing, so if you have received one, the clock has started.
A note on what this page is
General information for Mecklenburg County homeowners about the options available when a foreclosure has been filed. It is not legal or tax advice, and it is not a substitute for looking at your actual numbers. Terri Lombardo is a licensed real estate broker — not an attorney, and not a tax adviser.
Free HUD-approved housing counseling is available to North Carolina homeowners through the NC Housing Finance Agency’s call centre at 1-888-442-8188. It costs nothing, and for some households it is the right first call rather than us.
Sources: Consumer Financial Protection Bureau, What is a short sale? and What is a deed-in-lieu of foreclosure?; N.C.G.S. 45-21.16 (North Carolina General Assembly).
Not sure which are still open to you?
Tell us where you are in the process and what you think the house is worth. That is usually enough to rule out half of this list in one call.
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