It all began when two people fell in love…well, maybe not love, but they at least liked each other enough to enter into a landlord-tenant relationship. Like so many relationships, they did not live happily ever after, only here the breakup plays out in a summary ejectment case. With G.S. Ch. 7A, Art. 19 and Ch. 42 as our guides, let’s explore the life of a summary ejectment case from the beginning to the middle to the end and discover what twists and turns lie ahead from the clerk’s office to small claims court to district court, and even possibly the court of appeals. For illustration purposes, we will follow a case between two former lovers who find themselves at odds over whether the ex-girlfriend is a tenant in the house owned by the ex-boyfriend. Our example is loosely based on the facts in Bradley v. Tapia, 277 N.C. App. 385 (2021) (unpublished). Prior to this case, no North Carolina case law addressed this type of shared occupancy between romantic partners. Let’s call our couple “Nikki” and “Victor” as we explore the days of their lives.
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Tag: tenant
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More on the Protecting Tenants at Foreclosure Act
* Note, this post focuses solely on the application of the federal Protecting Tenants at Foreclosure Act to Chapter 45 power of sale foreclosure proceedings. Many foreclosures and evictions of occupants from properties acquired through foreclosure, including pursuant to an order for possession under G.S. 45-21.29(k) (the subject of this post), remain subject to a federal moratorium due to the pandemic. This moratorium was recently extended through December 31, 2020. To read more about current federal and state limits imposed on foreclosure proceedings due to the pandemic, click here.
A borrower stops making his home mortgage payments. A lender files a power of sale foreclosure pursuant to G.S. Chapter 45 to foreclose the lien of the deed of trust. After title to the property is transferred to a new owner out of the foreclosure, an occupant remains on the property. The new owner of the property, also known as the successor in interest, files a petition with the clerk of superior court under G.S. 45-21.29(k) for an order for possession. The petition and other evidence provided by the petitioner meet requirements of subsection (k) but the petition also states the occupant is a bona fide tenant.* Continue Reading