Mortgages or Other Liens in Eminent Domain Cases

When the State of North Carolina, the federal government, or a private business takes property through condemnation, all parties of interest will be included in the taking or litigation. This includes all lien holders such as mortgage companies, equity line holders, credit line holders, judgment holders, and tax authorities.

Our attorneys assist property owners in managing all liens or claims against their properties and work to maximize the amount of just compensation they receive. For cases involving mortgages, equity, and credit lines secured by the property as collateral, a lawyer will need to communicate and negotiate with those lien holders. The portion of money ultimately received by the property owner depends on several factors, including the amount of the loan, the equity in the loan, the payment history of the property owner, the extent of the taking and impairment of the underlying collateral after the taking, the condemnation clause in any loan agreement, and the business relationship between the property owner and lienholder. 

We’re Here To Help

If your land is being condemned and you have additional questions about how eminent domain will impact your mortgage or other liens, contact Henson Fuerst by calling 919-781-1107 or submitting a free case evaluation form on our website. Our eminent domain attorneys have been handling complex commercial condemnation matters for over 45 years and stand ready to help you too.