Can a landlocked property be foreclosed on?

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Can a landlocked property be foreclosed on?

Our property can up for foreclosure due to financial hardship? The day that we were to appear in front of the clerk we were told by her our property was landlocked and could not be foreclosed. It had been taken off the docket. We have been waiting and trying to work with the bank now for over 2 years, and still have no answers. Today a realtor showed up at our house sent by the bank to try and list our house for a short sale. We can get no answers just the run around.

Asked on July 23, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, a landlocked property can be foreclosed upon--that answer you received from the clerk is very strange. Any property can be foreclosed upon if the mortgage is not paid. Sometimes there may have to be additional parties named in the foreclosure, if they would be affected by it--such as potentially, the owners of the property(ies) surrounding yours--but that's a procedural issue, not a bar to foreclosure, and can be corrected by naming those other parties. A case could also be voluntarily dismissed by the foreclosing lender or noteholder, if they felt that it was better to go some other route (like trying to arrange a short sale).


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