Can a North Carolina city get a receiver appointed for a vacant house?
A city's governing board can ask the superior court to appoint a receiver to fix up, tear down or sell a vacant building or house when certain conditions are met. One of those conditions is an owner who ignores an order to repair, remove or demolish a house found unfit for human habitation.
An owner, or even a partial owner, of a vacant house can also ask the city by sworn affidavit to seek a receiver.
Owners, mortgage holders and other parties with an interest have 30 days after the city mails notice to ask to join the case and be named receiver. A receiver must show the court the money to finish the purchase or rehab, experience rehabbing vacant property, and the ability to get insurance. Members of the city's governing board and its public officers can't serve as receiver in their own city's case.
Instead of a receiver, the court can let an owner or other party in interest do the work if that person shows they can finish in reasonable time, agrees to a schedule and posts a bond.
The receiver's court-approved costs and fees become a lien that ranks ahead of every other lien except taxes and other government assessments.
A receiver appointed to sell can auction the house after foreclosure-style notice, or sell it privately at fair market value if no party objects. Before any such sale, bidders or the buyer must show the ability and experience to rehab the property in a reasonable time. After the city's costs and the liens are paid from the sale, whatever is left goes to the owner.
How can North Carolina residents start action on a house unfit to live in?
Where a local housing ordinance is in place, a petition from at least five residents charging that a dwelling is unfit for human habitation starts it. If a first look supports the charge, the housing officer serves the owner and others with an interest a complaint and notice of a hearing.
State law declares a public need to repair, close or demolish dwellings that are unfit for human habitation.
The hearing is held 10 to 30 days after the complaint is served. Under these rules, "owner" includes the titleholder and every mortgage holder of record.
If repairs can't be made at a reasonable cost compared with the house's value, the order requires the owner to remove or demolish it. If the owner ignores an order to vacate and close, the officer can close the house and post a placard on the main entrance saying it is unfit and may not be lived in.
No demolition ordinance can be adopted until the owner has had a reasonable chance to bring the house up to the housing code.
What happens to a North Carolina house that stays vacated and closed for a year?
After a year of being vacated and closed, the city's governing board may find that the owner has abandoned any intent to repair it. If repairs would cost no more than half the house's current value, the owner must repair it or demolish and remove it within 90 days.
If repairs would cost more than half its value, the owner must demolish and remove it within 90 days.
Affordable-housing groups that asked for notice get at least 45 days before a city demolition to negotiate with the owner to repair, lease or buy the house.
What the city spends on repairs, closing or demolition becomes a lien on the property. Inside a city, that cost is also a lien on the owner's other property in the city or within a mile of it, except the owner's main home.
A local government can also adopt an ordinance to repair, close or demolish an abandoned structure that draws rodents, is a fire hazard, endangers children or is used by vagrants.
How does a North Carolina county foreclose on a house for unpaid taxes?
Through one of two court methods: a lawsuit like a mortgage foreclosure, filed in the county where the property sits, or a simpler in rem procedure.
The owner can redeem before the sale is confirmed by paying at least all taxes then due to the taxing unit, plus penalties, interest and costs. For 10 days after the sale is reported, anyone with an interest can object to it, and higher bids can be filed.
Money left after costs, taxes and assessments are paid is held for the people entitled to it under the court's direction.
Under it, the tax collector files a certificate of the unpaid taxes with the clerk of superior court, no sooner than 30 days after the tax liens were advertised. The taxpayer and lienholders must get notice at least 30 days before that judgment is docketed. Between three months and two years after the judgment is indexed, the tax collector can have the sheriff sell the property.
What has to happen before a North Carolina house is sold in foreclosure?
For a home loan on a primary residence, the servicer must mail the borrower a notice about ways to avoid foreclosure at least 45 days before filing for a foreclosure hearing. A foreclosure under a power of sale goes to a hearing before the clerk of court in the county where the land is.
The clerk must find a valid debt held by the party foreclosing, a default, a right to foreclose under the loan papers, and proper notice.
After the sale is reported, anyone can top the price with an upset bid at least five percent higher. Upset bids are due at the clerk's office by the close of business on the tenth day after the sale report, or the last upset bid, is filed.
Holding an empty North Carolina house with a mortgage that has fallen behind? Read how foreclosure works in North Carolina.
How do you report a vacant, run-down house in Gastonia, North Carolina?
Report it to Gastonia's Code Enforcement Division, which investigates reported violations of city rules on housing conditions and public nuisances. Code Enforcement is at the Garland Municipal Business Center, 150 S. York Street, and its phone number is 704-866-6729.
You need the correct address; if the property is vacant, the city asks for the address of the nearest house or business, such as the one beside it or in front of it. Say exactly what's wrong, such as broken windows, appliances in the yard, tall weeds or a junk car. You don't have to give your name, address or phone number.
Complaints are handled in the order they come in; the city suggests calling for a status update after two weeks. When a property is out of compliance, the owner is notified and given time to fix it.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.