Foreclosure FAQ

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Foreclosure FAQ

Answers to Common Questions

Are you afraid you might be at risk of having your home foreclosed? At Saffa Law Group, our Charlotte foreclosure defense lawyer is proud to represent people who are in foreclosure proceedings. We recognize the speed necessary for counsel in these matters, which we are proud to offer attentive counsel. As a former bank attorney, our firm's lead attorney has an understanding of the mindset and tactics utilized by the other side.

For all clients, we bring the following to the table:

  • Availability every day of the week
  • 25 + years of experience
  • Track record of success
  • Personalized representation

Below you can find some of the questions people frequently ask about foreclosure. If you have any additional questions, please call our office today to request your free consultation.

What should I do if I am unsure about whether I can pay my mortgage?

You should considering getting in touch with a foreclosure attorney in a timely manner if you cannot make your payment or you have missed a payment. There can be significant consequences for ignoring your mortgage payment. A lawyer can help you explore possible options.

What options may be available for my situation?

If you are interested in keeping your home and want to work with the lender to do this, potential options can include devising a repayment plan, modifying your loan, loan reinstatement, or deferment.

If I can't keep my home, what are my options?

If you are unable to reach an agreement with your lender about keeping your home, there still may be opportunities to avoid foreclosure such as refinancing, assumption, or deed-in-lieu.

However, clients who believe they cannot afford to keep their homes are often surprised to learn how a Chapter 13 bankruptcy could enable them to keep it!

Will I be able to get my home back if it has been foreclosed?

The first stage of the foreclosure process is the foreclosure hearing. This is a hearing presided over by the Clerk of the Court.

The mortgage lender usually has their attorney show up and present legal arguments why the foreclosure should go forward and the foreclosure sale should be set.

Once the foreclosure sale takes place, there is a 10 day "upset bid" period where other potential buyers can attempt to outbid whoever bought your property at the foreclosure sale.

Even after the foreclosure sale takes place, you can still keep your home by filing a Chapter 13 bankruptcy. However, the bankruptcy case must be filed before the end of the upset bid period.

Does North Carolina have judicial or non-judicial foreclosures?

In our state, foreclosures are non-judicial. This means that the bank or lender does not need to initiate a lawsuit to begin the process of foreclosure. Despite this, the bank is still required to schedule a hearing for deciding on a sale date.

What is the length of time it takes to foreclosure a home?

Depending on the situation, it can take between three and four months for a foreclosure to be completed. However, it can take longer if the borrower challenges the proceeding, which they are legally entitled to do.

It is important that you remember that you can contest a foreclosure. If you may be at risk of foreclosure, we believe it is in your best interest to contact our Charlotte team at Saffa Law Group. We provide no-charge consultations . When you have likely invested considerable time and money into your home, the decisions you make about it should come after reviewing all options at hand.

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