Can I be held in contempt for speaking with the closing attorney when a court order says not to contact the buyer? – North Carolina

Short Answer

Yes—if a North Carolina court order bars contact with the buyer (and especially the buyer’s agents), reaching out to the buyer’s closing attorney can be treated as indirect contact and expose a party to contempt. The safer route is to communicate only through the court‑appointed commissioner or counsel, or to ask the Clerk of Superior Court to clarify or modify the order before any closing‑related contact. Payoffs can be handled from sale proceeds or by deposit with the clerk under a court order.

Understanding the Problem

In a North Carolina partition-by-sale case, can a co-owner communicate with the buyer’s closing attorney when a prior order says not to contact the buyer, especially as closing approaches and the closing side requests lien payoff and tax paperwork?

Apply the Law

In North Carolina, a partition sale is conducted as a judicial sale after an order and confirmation in the special proceeding before the Clerk of Superior Court. The court appoints a commissioner to handle the sale and closing logistics. Willful disobedience of a court order—directly or indirectly—can result in criminal contempt, and ongoing noncompliance with a court order can result in civil contempt. “Don’t contact the buyer” orders can be read to include contact through the buyer’s agents, such as the buyer’s closing attorney. The main forum for partition issues is the special proceeding before the Clerk of Superior Court; contempt is addressed under Chapter 5A with notice and a hearing. A practical timing threshold is that communications affecting closing should be routed through the commissioner after the upset-bid period (10 days) and sale confirmation.

Key Requirements

• Valid order in force: There must be a clear, existing court order limiting contact with the buyer or their agents.
• Knowledge and conduct: The party knows of the order and engages in conduct that violates it (directly or indirectly).
• Willfulness/ability to comply: The contact is willful; for civil contempt, the party has the present ability to comply with the order and stop the contact.
• Proper forum and procedure: Partition matters proceed before the Clerk of Superior Court; contempt requires notice and a hearing under Chapter 5A.
• Use of the commissioner: Closing communications, payoff coordination, and forms should be handled by or through the court‑appointed commissioner unless the order is modified.

What the Statutes Say

• N.C. Gen. Stat. § 5A-11 (Criminal contempt) – Willful disobedience of a court order can be punished as criminal contempt.
• N.C. Gen. Stat. § 5A-21 (Civil contempt) – Ongoing noncompliance is enforceable if the order remains in force and the party can comply.
• N.C. Gen. Stat. § 1-339.1 (Judicial sales procedures) – Partition sales proceed under judicial sale rules after order and confirmation.
• N.C. Gen. Stat. § 45-36.9 (Satisfaction of security instruments) – Lien releases are handled by the secured creditor under the Satisfaction Act methods.

Analysis

Apply the Rule to the Facts: A confirmed partition sale is pending, and the commissioner/closing side is requesting a deed of trust satisfaction and a tax form. Because there is an order not to contact the buyer, contacting the buyer’s closing attorney could be viewed as contacting the buyer through an agent, creating contempt risk. The commissioner should coordinate the payoff directly from sale proceeds under the judicial sale framework, and if language in any satisfaction is disputed, the better practice is to have the secured creditor issue the release or to seek a court order directing a deposit with the Clerk of Superior Court until the issue is resolved.

Process & Timing

1. Who files: A co-owner or the commissioner. Where: In the partition special proceeding before the Clerk of Superior Court in the county where the land is located. What: Motion to Clarify or Modify No-Contact Order; Motion for Instructions to Commissioner; Motion to Deposit Funds with the Clerk; proposed order(s). No standard AOC form—use a motion and notice of hearing. When: File promptly, before closing and while the no-contact order remains in effect.
2. The clerk sets a hearing and requires service on all parties and the commissioner. Time to hearing can vary by county; expect 1–3 weeks in many counties, but schedules differ.
3. The clerk enters an order clarifying permitted communications, directing payoff from proceeds (or authorizing deposit with the clerk), and instructing the commissioner and closing attorney. The commissioner completes closing and disburses per the order.

Exceptions & Pitfalls

• Indirect contact counts: Orders barring contact with the buyer often include agents; buyer’s closing counsel is typically the buyer’s agent.
• Use the commissioner: Route payoff requests, tax forms (e.g., W‑9/1099‑S information), and title questions through the commissioner to avoid violating the order.
• Don’t sign an inaccurate satisfaction: Borrowers do not issue lien satisfactions. The secured creditor releases the deed of trust; if contested, ask the court to direct payoff from proceeds or allow a deposit with the clerk pending resolution.
• Service and notice: Give proper notice of any motion to all parties in the special proceeding; lack of notice can delay relief and closing.
• Timing around confirmation: Closing follows confirmation after the 10‑day upset‑bid period; align motions with that schedule to avoid last‑minute disputes.

Talk to a Partition Action Attorney

If you’re dealing with a partition sale order that restricts contact and closing is approaching, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.