Do all lienholders and interested parties have to be served before the court will set the hearing, and what happens if someone doesn’t respond? – North Carolina Short Answer In North Carolina surplus funds cases, the clerk will normally require that all known lienholders and other interested parties be named and properly served before moving…
Can my siblings legally sign over their interests to me, and what paperwork makes that transfer official? – North Carolina Short Answer In North Carolina, siblings can generally transfer, or “assign,” their interests in a deceased parent’s home and any related foreclosure surplus funds to one heir, but it must be done with proper legal…
If we open probate and a medical creditor files a claim that is larger than the estate, will the home have to be sold? – North Carolina Short Answer Under North Carolina law, real estate does not automatically have to be sold just because a medical creditor files a large claim in probate. The clerk…
How can I stop or delay a foreclosure auction when the mortgage is in a deceased parent’s name and the bank says they need probate to name someone in charge? – North Carolina Short Answer In North Carolina, a foreclosure auction can sometimes be stopped or delayed by quickly opening an estate, asking the foreclosure…
Is there a deadline to claim foreclosure surplus funds, and what happens if it has already passed? – North Carolina Short Answer Under North Carolina law, there is no short, fixed “use it or lose it” deadline in the foreclosure file itself to claim surplus funds held by the clerk of superior court. However, if…
Can a law firm handle this directly with the court or agency so I can avoid scams? – North Carolina Short Answer In North Carolina, a law firm can deal directly with the clerk of superior court or the State Treasurer’s office to pursue surplus or unclaimed funds from a foreclosure, so the client does…
Do I have to go to court to get the surplus funds, or can my lawyer handle it for me? – North Carolina Short Answer In North Carolina, surplus funds from a completed foreclosure are usually claimed through a special proceeding in the office of the clerk of superior court, not a full-blown courtroom trial.…
If I had a HELOC, does that lender get paid before me from the surplus, and how is that priority decided? – North Carolina Short Answer In North Carolina, a HELOC lender generally gets paid from foreclosure surplus funds before the former owner, but only if the HELOC was a recorded lien that is still…
Do nieces, nephews, or a sibling’s spouse have any claim to the surplus if the surviving spouse is alive? – North Carolina Short Answer Under North Carolina law, surplus funds from a foreclosure sale go to the same people who would inherit the real estate under the intestate succession rules, unless a valid will or…
Can I use my power of attorney to hire a lawyer and file to collect the surplus for my parent? – North Carolina Short Answer In North Carolina, an agent under a properly drafted and signed power of attorney can usually hire a lawyer and file a claim to collect foreclosure or execution surplus funds…