Charlotte, NC Foreclosure Process

Going through a foreclosure process can put you into a state of confusion here is the Mecklenburg County FAQ’s for the foreclosure process;

Q: What is the process after the Office of the Tax Collector assigns a property to an attorney?
A: Once the Mecklenburg County Office of the Tax Collector assigns a property to an attorney to foreclose, the attorney will start a title search of the property to determine, as a matter of public record, all of the owners, mortgage holders, judgment and lien holders, and other parties having an interest in the property. The attorney will notify the owners of the intent to foreclose on the property and will provide a timeline to resolve the tax delinquency. If no resolution is reached, the attorney will then prepare a complaint, which will then be filed with the Mecklenburg County Courts. The summons and complaint will be delivered to each defendant. Each party that is served is clearly informed by the summons that written answer, if any, must be filed with the Court within 30 days from the date the papers were served on the party.

Q: What is the legal effect of a tax foreclosure filing?
A: There is no real defense to a property tax foreclosure complaint and lawsuit unless the tax is an illegal tax or imposed by clerical error for an illegal purpose. All interested parties that have a legal interest in the property will be notified that their interest will be terminated if a tax foreclosure sale of the property is completed.

Q: What happens after the filing of the tax foreclosure lawsuit?
A: Defendants have 30 days to file a written answer to the complaint if they wish. Depending on the answers filed by the defendant, the attorney conducting the foreclosure will move for a judgment of sale. Once a judgment of sale is entered, the property is scheduled for sale at the Mecklenburg County Courthouse in Charlotte.

Q: When and where are tax sales conducted?

A: There is no regularly set sale date or time. Sales are scheduled on a case-by-case basis. Notices of sale are published in the Mecklenburg Times newspaper once a week for two weeks and posted at the Mecklenburg County Courthouse located at 832 E. 4th Street, Charlotte NC 28202 for at least 20 days.

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