How do I collect surplus foreclosure funds when the property owner has died and no estate has been opened? – North Carolina Short Answer In North Carolina, surplus money from a foreclosure sale is paid to the person legally entitled to it, but if the owner has died and there is no qualified personal representative,…
How can I get the court clerk to release my disbursement check when they say they still don’t have the right authorization forms? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally cannot release money being held by the clerk until the file contains whatever documentation the clerk needs to…
Am I actually entitled to any surplus money from a tax foreclosure if my parent is the one who would have inherited the property? – North Carolina Short Answer Possibly, but entitlement to surplus from a North Carolina tax foreclosure depends on who legally owned the property (or the right to the surplus) at the…
Can a recovery company take a fee if I already hired a law firm, and should I avoid signing with them? – North Carolina Short Answer In North Carolina, a recovery company generally can only take a fee if there is a signed contract giving it that right. If a law firm is already handling…
What happens if I don’t submit the affidavit of title before the hearing? – North Carolina Short Answer In North Carolina surplus-funds cases, failing to file a required affidavit of title before the hearing usually does not end the case permanently, but it can stop the hearing from going forward. The Clerk of Superior Court…
If an heir is an adult with special needs, do we need a legal guardian or court-approved representative before the funds can be distributed? – North Carolina Short Answer Usually, yes—if the adult heir cannot legally manage money or sign for themselves under North Carolina law, the Clerk of Superior Court typically will require a…
What changes if we later find a valid will that leaves the real estate (or its proceeds) to the surviving spouse? – North Carolina Short Answer In North Carolina, a later-discovered, valid will can change who is entitled to surplus foreclosure proceeds because the proceeds generally follow the deceased owner’s property rights. If the will…
How do I confirm the hearing date and time for my surplus funds case with the clerk’s office? – North Carolina Short Answer In North Carolina, surplus funds disputes are typically handled as a special proceeding before the Clerk of Superior Court. The most reliable way to confirm the hearing date and time is to…
What documents do I need to show I was the sole owner when the home was sold? – North Carolina Short Answer In North Carolina, the most common way to show sole ownership for a surplus funds claim is a recorded deed showing title in one name at the time of foreclosure, plus the foreclosure…
How do I claim my share of surplus funds from a foreclosure when there are multiple co-owners? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure sale usually get paid to the Clerk of Superior Court when the trustee is not sure who should receive them, including situations with multiple co-owners.…