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Updated about 6 years ago on . Most recent reply

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Siddharth M.
  • Investor
  • Charlotte, NC
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Evicting previous homeowner after a foreclosure sale

Siddharth M.
  • Investor
  • Charlotte, NC
Posted

I recently acquired a property in NC which underwent a foreclosure. 

I need to evict the previous homeowners and will start off by offering cash for keys.

What's the legal process from thereon in case they refuse my offer?

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Chris Martin
  • Investor
  • Willow Spring, NC
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Chris Martin
  • Investor
  • Willow Spring, NC
Replied

Thanks @Steve Babiak  The applicable section in NCGS is http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.29.html

Talk to the clerk at the special proceedings desk to see if they provide the Order for Possession or if you just go to the sheriff and do a Writ of Possession. The sheriff needs a case number and I do not know if the SP number will suffice. BTW, I generally don't do this part of the exercise since I have an attorney firm handle it (along with interfacing with the trustee... which sometimes can be a pain if you are not an attorney;) You will need to pay the sheriff for service ($30/person) and the cost of the writ ($25). The tail end of the process is the same as an eviction.

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