A Foreclosure Sale Without a Court Date

[C_Felix]

My question involves a mortgage in the state of: North Carolina!

Here's my original OP. (I would've bumped it, but it is closed)

http://www.expertlaw.com/forums/showthread.php?t=136955


Today, 7/5, we gotta letter stating the foreclosure date in 7/19.


Can there be a foreclosure sale without a court date? (I realize this is a yes or no question, but, some insight would be appreciated. Especially if the answer is "No." Stuff along the lines of, "Here's what you should and need to do..." would be highly appreciated.)

[jk]

Can there be a foreclosure sale without a court date? (I realize this is a yes or no question, but, some insight would be appreciated. Especially if the answer is "No." Stuff along the lines of, "Here's what you should and need to do..." would be highly appreciated.)

if this is a foreclosure under a trust deed situation with a right to sell clause, yes, there can be a sale without a court date.


after going back and reading your other thread, it would appear the above isn't applicable. So, are you implying there is a sale scheduled but the court hearing never took place?

and have you verified with the courts the hearing didn't take place?

[C_Felix]

Yes, there is a sale scheduled but the court hearing never took place.

With respect to to your question, "Have you verified with the courts that the hearing didn't take place?
Do you mean back then in Feb when the other side didn't show up
or
now? Now being "Hey Mr. Court person, the hearing didn't take place, so how can there be a sale scheduled?"

With respect to the trust deed (which you said didn't apply....) either way, here's a line from the letter:
"Under and by virue of a Power of Sale contained in that certain Deed of Trust executed by C. Felix.....on this date of Jan 10th 2005......"

[jk]

now? Now being "Hey Mr. Court person, the hearing didn't take place, so how can there be a sale scheduled?"

this one. You need to check the court record to see if the hearing took place and if so, how you missed it.

"Under and by virue of a Power of Sale contained in that certain Deed of Trust executed by C. Felix.....on this date of Jan 10th 2005......"

whoops. It does apply.

the hearing is a simple hearing conducted by the clerk of the court so, get thee on the phone (tomorrow I would guess) and call the court clerk to check on that hearing issue.

[C_Felix]

I'm so giddy in anticipation to make this call tomorrow!

Shoot me now.

Many thanks JK.

[jk]

I'm so giddy in anticipation to make this call tomorrow!

Shoot me now.

Many thanks JK.

thanks for the laugh.

[C_Felix]

Called today and was told by the secretary for the clerk of the court the paper work was signed on June 28th. I then told her I never recieved a letter telling me about this date. She then said in ten words or less, "Tough luck"

[jk]

so, what do you want to do? If the end effect is : nothing, then let things progress as they are.

at best, and this is only if there is a valid basis to motion for a new hearing due to some lack of notice or such, is an extension of time. That time would likely be quite short even if you were successful in staying the sale.

so, can you take the house or of foreclosure? If not, I think it's time to call the game.