Protections for Military Servicemembers in North Carolina Power of Sale Foreclosures

This is a slightly modified version of the October 2022 edition.

At a hearing on a power of sale foreclosure before the clerk of superior court, the clerk’s authority is limited to six legal findings. Chapter 45, Section 21.16(d) of the North Carolina General Statutes (hereinafter G.S.). The purpose of this publication is to provide guidance to clerks related to one of these legal findings: military service of the respondent. There are both federal and state protections for servicemembers who are respondents in G.S. Chapter 45 foreclosure proceedings.