Legal Question in Real Estate Law in North Carolina

Re: Foreclosure

The hearing is to determine whether there is a basis for foreclosure. Basically, the Clerk just needs to determine whether proper notice was given, whether the deed of trust contains a power of sale clause, whether the debt is valid (evidenced by possession of the note), and whether the debtor is in default. You may only raise defenses as to these issues. Debtor has ten days to appeal the clerk's decision. Next step is for a Notice of Sale which needs to be posted for 20 days prior to the sale. Then the sale takes place and there is a 10 day upset bid period. Any upset bids received triggers another 10 day period.