Legal Question in Real Estate Law in North Carolina

Failure to cancel deed of trust.

In March 1996 my husband and I entered into a deed of trust and promissory note. We were paying accordingly but there was a conflect. The beneficaries began to fight over which one was to get the money the wife was the one the land belonged to and she was the more timid one. Well the man got mad when we gave the money to the wife and he went to a different attorney and foreclosed on us because the trustee would not foreclose on us because we were making the payments right on time. We were just giving them to his wife and the trustee knew this.Well anyway its been 3 years since he foreclosed and the land is still in our names and we still get tax bills for it . Is there any legal way that we can get it back or what do we need to do to protect our selves from this. We dont know what to do or who to talk to about this matter. Can you please help?Thank you


Asked on 3/28/99, 12:28 pm

1 Answer from Attorneys

Jeffery Hess Hawkins-Smith

Re: Failure to cancel deed of trust.

You need to get a GOOD REAL ESTATE attorney, not just a general practitioner. If the trustee has not sold the property it seems to me that you have not truelly been forclosed on and lost the home, but I don't know the particulars of your state. Who is the actual party on the Deed of Trust, the wife or the husband or both? Keep you cancelled checks, get receipts if you don't have cancelled checks. But, see a lawyer now....It will be a small price to pay to have peace of mind and to protect your investment.

Jeffery Hess

Hawkins-Smith

3309 Chuckwagon


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Answered on 4/09/99, 8:52 am


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