Can a lender foreclose on a property with a mortgage lien?
Yes, a lender can foreclose on a property with a mortgage lien in North Carolina. Lenders typically foreclose on a property when the borrower stops making payments on the loan used to purchase the property. This is called a mortgage foreclosure. In North Carolina, a lender who holds a mortgage lien can exercise their right to foreclose if the borrower does not satisfy the terms of the mortgage loan. The foreclosure process typically begins with the lender filing a notice of foreclosure with the court. In North Carolina, the lender must also file the notice with the county where the property is located, and serve a copy of the notice to the borrower. The borrower then has 30 days from the date of the notice to pay the amount owed or take other action before the foreclosure can proceed. If the borrower fails to pay the mortgage debt or take other action, the lender can then pursue a judicial foreclosure. With a judicial foreclosure, the lender is required to go to court and file a foreclosure action. The court may then issue an order allowing the lender to take possession of the property. In summary, the answer to the question is yes, a lender can foreclose on a property with a mortgage lien in North Carolina. They must, however, follow the proper legal steps laid out in the foreclosure laws of the state.
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