Skip to content

When The House Is Foreclosed

G.S. 45-21.16 — a hearing before the clerk, and notice at least 10 days ahead

In North Carolina, a mortgagee or trustee using a power of sale first files a notice of hearing with the clerk of court. It is served not less than 10 days before the hearing, or posted on the property not less than 20 days before it where posting is allowed.

Email

What the clerk has to find. At the hearing, the clerk authorizes a sale only on the findings the section lists, among them a valid debt held by the party foreclosing, a default, the right to foreclose under the instrument, proper notice, and, for a home loan, that the pre foreclosure notice was given and its waiting period has run. The clerk's decision may be appealed within 10 days.

After the sale: upset bids. Anyone may raise the reported price by at least five percent (5%), with a minimum of $750, by the tenth day after the report of sale is filed. Each upset bid starts a new period of 10 days, and the rights of the parties become fixed only when no upset bid is filed in time.

The assumptionWhat the law actually does
The assumptionA trustee can sell without anyone looking at itWhat the law actually doesA hearing before the clerk of court comes first
The assumptionThe auction price is finalWhat the law actually doesUpset bids can raise it, each opening another 10 days

Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed North Carolina attorney.

Sources for this section (2)
  1. G.S. 45-21.16 — Notice and hearing
  2. G.S. 45-21.27 — Upset bid on real property; compliance bonds

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 10 daysThe upset bid period after a foreclosure sale · from the report of sale or the last upset bid is filed

From here