Equitable Defenses and Collateral Actions

Under North Carolina Law, any defenses a homeowner may have to a foreclosure that are equitable in nature, such as fraud or lender's violation of a statute, may only be raised by a collateral action.   That is, the homowner cannot raise these issues in the foreclosure proceeding.  But must file a cause of action against the lender in a separate suit and request a stay of the foreclosure proceedings from the Superior Court Judge. 


As this is a complicated process, you shoud retain legal counsel.   At the Law Office of Benjamin D. Busch, PLLC, pursuing these types of actions is a common part of a successful foreclosure defense. 




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