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A North Carolina borrower broke a 2025 private plan that cut the payment by 4 percent. Does that reduction meet the payment-reduction condition for the failed-private-plan exception to the state foreclosure pause?

Correct Answer

C) Not that exception: the reduction must have been 6 percent

The second limb of the first exception covers a plan that reduced the monthly payment by six percent from the scheduled monthly payment and resulted in a monthly payment of principal, interest, taxes and insurance of less than 31 percent of household income. Other choices: the terms of the plan matter for this limb; the figure is 6 percent; and a writing is not the test. Source: 04 NCAC 03M .0703(a)(1)(B)

Answer Options
A
That exception applies, because the borrower failed a plan within the previous twelve months and the rule is concerned with the failure rather than with its terms
B
Not that exception: the reduction must have been 10 percent
C
Not that exception: the reduction must have been 6 percent
D
That exception applies where the plan was in writing

Why This Is the Correct Answer

The second limb of the first exception covers a plan that reduced the monthly payment by six percent from the scheduled monthly payment and resulted in a monthly payment of principal, interest, taxes and insurance of less than 31 percent of household income. Other choices: the terms of the plan matter for this limb; the figure is 6 percent; and a writing is not the test. Source: 04 NCAC 03M .0703(a)(1)(B)

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