Legal Question in Civil Litigation in North Carolina

Can you appeal a foreclosure hearing and how long do you have to file after hearing?

Asked on 9/11/11, 7:55 am

1 Answer from Attorneys

Yes, but why would you want to do so? You generally have 30 days after the order of foreclosure was entered, however, an appeal would not stay the sale unless you got an order from the court staying the sale.

Foreclosure is generally before the clerk and very limited as to whether you owe the money and have not paid. If you have any other grounds, the procedure is to be a separate action against the mortgage lender (like fraud) and you have to get an order staying the foreclosure hearing. You may have to post some kind of bond while the appeal is pending.

Its sad, as most people don't have the money if they are facing foreclosure to do all of this.

However, maybe an NC lawyer more actively involved will have a better answer. If I were you, I would immediately get an attorney specializng in foreclosure defense - there are several in NC.

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Answered on 9/14/11, 11:42 am

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