NR Law North Raleigh

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Defending North Carolina Homeowners Against HOA Foreclosure Actions

I am attorney Bob Morton of North Raleigh Law. Part of my practice is dedicated to defending homeowners facing the daunting prospect of foreclosure by their homeowners associations (HOAs).

I have been practicing law in North Carolina for over 25 years, and I understand what is at stake in these cases: your home. Very few lawyers handle issues related to HOA foreclosures for homeowners, but I do. I handle all aspects of HOA law.

Understanding HOA Foreclosures

When you live in a community governed by an HOA, you agree to abide by its Covenants, Conditions and Restrictions (CC&Rs). These agreements often include the payment of regular assessments which contribute to the community’s upkeep and services. Failure to meet these or other financial obligations can lead to severe consequences, including the possibility of foreclosure on your home.

Key Aspects Of HOA Foreclosures In North Carolina

To mount an effective HOA foreclosure defense, it is important to understand the basic process of HOA foreclosure in North Carolina:

  • Legal grounds for HOA foreclosure: An HOA can initiate foreclosure if homeowners fail to pay assessments, fines or other charges as dictated by the community’s CC&Rs.
  • Process and notifications: Before an HOA can foreclose, they must provide the homeowner with a preforeclosure notice. Homeowners must be informed about the impending lien and the charges included, such as overdue assessments, late charges and legal fees.
  • Opportunities for defense and negotiation: Upon receiving the preforeclosure notice, homeowners have the opportunity to settle the overdue amounts or negotiate payment plans. Engaging in HOA foreclosure defense can also involve challenging the legality of HOA’s claims or of the foreclosure process itself.

Since I handle all aspects of North Carolina HOA law, I can often contest your fines and the HOA’s enforcement actions before things reach the foreclosure stage. If they already have, I can help.

Review and analysis: I will review the specific terms of your HOA’s CC&Rs and all relevant legal notices to ensure that your rights have not been violated.

Direct negotiation: Through a fee-based consultation process, I can guide you on what points and arguments you can make if you choose to work directly with your HOA. If you prefer and wish to retain my firm, I will negotiate directly with your HOA to attempt to resolve the debt or arrange a feasible payment plan.

Legal representation: Should your case require legal intervention, I will represent you in all proceedings, aiming to prevent foreclosure.

Contact North Raleigh Law Today To Discuss HOA Foreclosure Defense

If you are facing an HOA foreclosure or are concerned about your HOA’s actions, do not wait to seek legal help. Call 919-944-4856 or contact me online. Together, we can explore your options and work toward a resolution that protects your property and your rights as a homeowner.