§ 45-21.16C. Opportunity for parties to resolve foreclosure of owner-occupied residential property. - North Carolina Statutes

§ 45‑21.16C. Opportunity for parties to resolve foreclosure of owner‑occupiedresidential property.

(a)        At the commencementof the hearing, the clerk shall inquire as to whether the debtor occupies thereal property at issue as his or her principal residence. If it appears thatthe debtor does currently occupy the property as a principal residence, theclerk shall further inquire as to the efforts the mortgagee, trustee, or loanservicer has made to communicate with the debtor and to attempt to resolve thematter voluntarily before the foreclosure proceeding. The clerk's inquiry shallnot be required if the mortgagee or trustee has submitted, at or before thehearing, an affidavit briefly describing any efforts that have been made toresolve the default with the debtor and the results of any such efforts.

(b)        The clerk shallorder the hearing continued if the clerk finds that there is good cause tobelieve that additional time or additional measures have a reasonablelikelihood of resolving the delinquency without foreclosure. In determiningwhether to continue the hearing, the clerk may consider (i) whether themortgagee, trustee, or loan servicer has offered the debtor an opportunity toresolve the foreclosure through forbearance, loan modification, or othercommonly accepted resolution plan appropriate under the circumstances, (ii)whether the mortgagee, trustee, or loan servicer has engaged in actualresponsive communication with the debtor, including telephone conferences or in‑personmeetings with the debtor or other actual two‑party communications, (iii)whether the debtor has indicated that he or she has the intent and ability toresolve the delinquency by making future payments under a foreclosureresolution plan, and (iv) whether the initiation or continuance of good faithvoluntary resolution efforts between the parties may resolve the matter withouta foreclosure sale. Where good cause exists to continue the hearing, the clerkshall order the hearing continued to a date and time certain not more than 60days from the date scheduled for the original hearing. Nothing in this partshall limit the authority of the clerk to continue a hearing for other goodcause shown.  (2009‑573,s. 3.)