How do I fix a surplus funds order if the court already entered an order but the payee information needs to change? – North Carolina Short Answer In North Carolina, a surplus funds disbursement order can often be corrected by asking the Clerk of Superior Court to enter an amended (or corrected) order that changes…
How do the children of a deceased child inherit a share of surplus funds, and does adoption affect who counts as an heir? – North Carolina Short Answer In North Carolina, when a parent dies without a will, a deceased child’s share does not disappear. Instead, that child’s descendants (such as grandchildren) generally split the…
If I didn’t get notice about the probate case or the foreclosure sale, can I still claim the money now? – North Carolina Short Answer Often, yes. In North Carolina, foreclosure surplus funds are commonly paid into the Clerk of Superior Court when the person entitled to the money is unclear, cannot be located, or…
Can creditors or lienholders take part of my surplus funds, and how is that decided? – North Carolina Short Answer Yes. In North Carolina, creditors or lienholders may claim some or all surplus funds if they have a valid legal claim to the money. When there are competing claims or uncertainty about who should be…
How long does it usually take from filing the petition to actually receiving surplus funds, and what delays are common? – North Carolina Short Answer In North Carolina, surplus funds are usually released only after a special proceeding is filed with the Clerk of Superior Court and the clerk determines who is entitled to the…
Can I challenge the foreclosure sale or the report of sale if I think something was handled incorrectly? – North Carolina Short Answer Yes. In North Carolina, a foreclosure sale and the paperwork filed after the sale can sometimes be challenged, but the challenge usually must be raised quickly and in the right place—often with…
What paperwork do the heirs need to sign to let the court reissue surplus funds to one person? – North Carolina Short Answer In North Carolina, the clerk of superior court generally will not reissue surplus foreclosure funds to just one heir unless the court has a clear legal basis to pay that person and…
How do I find out the final sale amount and all fees that were added before the auction? – North Carolina Short Answer In North Carolina, the best place to confirm the final sale amount and the fees/costs charged in connection with a power-of-sale foreclosure is the Clerk of Superior Court file for the foreclosure.…
Can an asset recovery company legally collect the surplus funds for me, and what should I watch for before signing anything? – North Carolina Short Answer Yes. In North Carolina, an asset recovery company can often help pursue foreclosure surplus funds if the rightful claimant signs an authorization or assignment, but the claimant is not…
What information does the clerk’s office need to look up and confirm a surplus funds hearing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can usually look up and confirm a surplus funds hearing using the county where the surplus was paid, the underlying case or file number (foreclosure file…