May 5, 2015
by Lanée Borsman
Hutchens Law Firm
USFN Member (North Carolina)
Unlike some other states, the North Carolina legislature did not enact a statutory framework similar to the PTFA. As a result, post-foreclosure eviction notices included a combination of state and federal requirements. NCGS § 45-21.29 requires that a ten-day notice to vacate be sent to any parties remaining in possession. Since the occupancy status of those parties was usually unknown, that notice also incorporated the required notices under PTFA for bona fide tenants. If it was discovered that the occupant was a bona fide tenant, the PTFA protections and time frames would be followed. If not, the state rules would govern and the ten-day notice would apply.
The expiration of the PTFA should simplify the eviction notice procedure by eliminating the dual, or “combo platter,” notices in North Carolina. Once all of the cases in the pipeline have worked their way through the system, it should be back to the old way in North Carolina, servicers and investors willing — and the only combo platters we’ll be looking for, contain seafood.
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