What are the steps involved in the foreclosure defense process?
The foreclosure defense process in North Carolina involves several steps. First, the homeowner must file a written response to the foreclosure complaint in the county where they live. This response must include an answer stating that the homeowner wants to defend the foreclosure, as well as any applicable defenses to the foreclosure. Next, the homeowner must attend a hearing before the clerk of court. During this hearing, the homeowner may present evidence to support his or her defense. The homeowner should prepare for this hearing by gathering documents, including account statements, loan documents, and other paperwork that relate to the foreclosure. If the homeowner is unsuccessful in defending the foreclosure, the clerk of court will issue a judgment for the lender. The lender can then move to take possession of the house. The homeowner has the right to file an appeal of the judgment, although this must be done within 30 days of receiving the judgment. During the appeal, the homeowner may again present evidence and argument in support of his or her defense. Finally, if the homeowner is unsuccessful in defending the foreclosure in the appeals court, they may also file an action in superior court for a stay of the judgment. If the stay is granted, the homeowner will have temporary protection from eviction and the lender will be prohibited from foreclosing on the house until the court has heard the case. In summary, the foreclosure defense process in North Carolina involves filing a response, attending a hearing, appealing the judgment, and filing a stay of judgment, if necessary.
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