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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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Ive been notified by Trustee Services of Carolina,LLC, C/O

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I've been notified by Trustee Services of Carolina,LLC, C/O Brock & Scott,PLCC,Wilmington NC that Bank of America has intitiated foreclosure proceedings on my deceased father's property in NC . There is a court date set in NC for Jan 11,2012,Auction property Feb 1,2012.I've been told I do not need to appear. We're working to sell the property and satisfy the lien but need to stop BOA from proceeding with foreclosure . I've communicated to BOA the situation , no will, no probate, I'm the sole survivor Property and home is valued at $90K, BOA lien $ 34K. How do I keep BOA from foreclosing before I can sell the property? Thanks , Rick Drees
Submitted: 5 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 5 years ago.
The best way is to open a probate, which you're going to have to have some kind of probate to pass title to the house anyway, and then ask the judge to issue an injunction preventing foreclosure to "preserve assets".

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer: replied 5 years ago.
OK..how do I request to open probate in NC ? Dad was a resident of Florida ..property is in NC. I am also a resident of Florida .
Expert:  Dwayne B. replied 5 years ago.
You really need to hire a lawyer to handle this one. Even if the property is located in NC you could still file the probate in FL if that is where your dad resided. You could file it in NC as well, but I'd start in FL and see what the lawyer says about the local judge handling this and issuing the injunction.

Probate is always complicated and when you add in an injunction it becomes almost impossible to handle yourself. Because an injunction is what is known as an "extraordinary remedy" if you make even one small procedural mistake then the judge cannot grant what you are requesting.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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