Colli Real Estate

Foreclosure Hearing

If your lender notified you that is lock on his house and preparing for graduation hearing it is important to understand that the clerk is authorized to consider five specific issues in the hearing:

1. Is there a valid debt?
2. Is the borrower defaulting on debt?
3. Is there a right to exclude the mortgage or deed of trust to secure the debt?
4. He has all the parts received sufficient notice of foreclosure?
5. Debt is a subprime loan? If so, was the announcement previous execution Mortgages sent to the appropriate parties?

That's all. If the secretary determines these five conditions have been met and that the borrower does not provide legal defense in any five subjects considered, the employee is required to find that the foreclosure may proceed. Other equitable defenses are not directly related to the five topics listed can be raised in a to suspend the foreclosure in Superior Court.

Dan Rudd-Scott Zellers and Founding Partners

Dan Zellers, a native of Ohio, received his degree in finance and management of Defiance College and a law degree from the University of Toledo College of Law. He is a member of the Bar Association of Carolina North, South Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice focuses on residential and commercial real estate alternative, foreclosure, landlord-tenant law and estate planning.

Scott Rudd, a native of North Carolina, earned his accounting degree from Campbell University and his law degree from the School of Norman Adrian Wiggins Law Campbell University. He is a member of the Order of the North Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice focuses on real estate residential and commercial building business and litigation, other locking solutions and working with homeowners associations.

Before founding Zellers Rudd, PLLC, Dan Zellers Rudd and Scott have worked together in the real estate group finance some major international law firms in the nation. Representing the major national banks and directors of several million transactions dollar commercial properties and multi-billion dollar commercial loan securitizations. These operations included the negotiation of service contracts General, as well as conducting major operations, commercial lending, loan assumptions, cons, letters, press releases packaging, and other issues of consent in the major commercial property located throughout the nation. In addition, their work before they can qualify extensive experience in all aspects of residential real estate and residential real estate closing including loans, mortgages, landlord-tenant law, working with homeowner associations, judgments in absentia and private transactions.

About the Author

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