Escrow & TitleIntermediateNorth Carolina Exam

Under NC's power of sale foreclosure process (deed of trust), what must the trustee do BEFORE conducting the foreclosure sale?

AObtain permission from the borrower
BFile a court action and obtain a court order authorizing the saleCorrect
CReceive written approval from NCREC
DWait 2 years after the first missed payment, under standard practice

Why File a court action and obtain a court order authorizing the sale Is Correct

Answer B: File a court action and obtain a court order authorizing the sale

Even though power of sale foreclosure in NC does not require a full lawsuit, the trustee must still appear before a clerk of court (or superior court judge) to obtain a court order authorizing the foreclosure sale, providing some judicial oversight of the process.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

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