Short Answer

Search NCCash.com, the North Carolina Department of State Treasurer’s official unclaimed property website. If foreclosure surplus funds were turned over to the State Treasurer, they will appear there under the owner’s name. You can file a free claim online with proof of identity and any supporting court documents. If sale costs used all proceeds, there may be nothing to claim.

Understanding the Problem

In North Carolina, how do I find out if foreclosure surplus funds in my name ended up with the State Treasurer so I can claim them? You learned from the Clerk of Superior Court that the sale costs likely exhausted the proceeds and any unclaimed balance may have been sent to the State Treasurer.

Apply the Law

Under North Carolina law, any “surplus proceeds” from a power-of-sale foreclosure are applied after costs and valid liens; any remaining balance belongs to the borrower or other entitled parties. When surplus funds go unclaimed, they may be paid to the Clerk and, if still unclaimed, are remitted to the State Treasurer’s Unclaimed Property Division. Owners then claim those funds directly from the Treasurer by submitting proof of ownership and identity. The forum for unclaimed property claims is the North Carolina Department of State Treasurer, not the court. Procedures and reporting timelines can vary by holder and property type, but claims to the Treasurer are accepted on a rolling basis.

Key Requirements

• There was a surplus: The foreclosure sale must have produced money left over after costs, taxes, and valid liens were paid.
• Funds were delivered to the Treasurer: Unclaimed surplus is often turned over to the State Treasurer for safekeeping.
• Search your name: Use NCCash.com to look up your individual, business, or former name(s).
• File a claim: Submit the online claim with government-issued ID and proof tying you to the name/address on the property.
• Provide support: If requested, upload the foreclosure file number, final report of sale, or clerk correspondence to show entitlement.

What the Statutes Say

• North Carolina Gen. Stat. § 45-21.31 (Application of foreclosure sale proceeds) – Sets the order for applying sale proceeds and identifies any balance as surplus.
• North Carolina Gen. Stat. § 116B-67 (Claim for property from State Treasurer) – Explains how an owner claims property held by the Treasurer.

Analysis

Apply the Rule to the Facts: The final report and the clerk’s guidance indicate sale costs likely exhausted the proceeds, so there may be no surplus to find. If a small balance was sent to the State Treasurer, a search of NCCash.com under your name could reveal it. If you see a match, file a claim and attach the documents your attorney is providing (for example, the trustee’s final report or clerk confirmation) to help the Treasurer verify ownership.

Process & Timing

1. Who files: Property owner (borrower) or other entitled party. Where: North Carolina Department of State Treasurer, Unclaimed Property Division (search and claim via NCCash.com). What: Online claim form with ID and supporting documents. When: As soon as you identify a match; claims are accepted year-round.
2. The Treasurer reviews your submission and may request additional proof tying you to the name, address, or foreclosure file. Processing time varies based on volume and documentation completeness.
3. Once approved, the Treasurer issues payment to the verified owner and closes the claim.

Exceptions & Pitfalls

• No actual surplus: If sale costs and liens consumed the proceeds, nothing will appear at NCCash.com.
• Funds still with the Clerk: In some cases, funds may remain with the Clerk of Superior Court for a period before being remitted; ask the clerk for the current status.
• Name variations: Search prior names, common misspellings, business names, and former addresses.
• Third‑party finders: You do not need to pay anyone to claim your funds; NCCash is free.
• Documentation gaps: Claims can stall without proof of identity or entitlement; include court file numbers or the trustee’s report if requested.

Talk to a Surplus Funds Attorney

If you’re trying to track down possible foreclosure surplus or need help with a claim through the State Treasurer, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.