What should I do if the courthouse notice only lists some of the heirs? – North Carolina Short Answer In North Carolina, any surplus from a foreclosure sale is held for the people who legally owned the property at the time of sale, which can include all living heirs of deceased owners. If the notice…
How can I find out exactly what unpaid property taxes or liens are affecting my foreclosure surplus? – North Carolina Short Answer In North Carolina, surplus money from a foreclosure is used to pay claims in a set order: sale costs, property taxes, the foreclosing debt, then junior liens. To know exactly what will reduce…
Can I challenge a quitclaim deed my ex-spouse signed without my consent? – North Carolina Short Answer Yes. In North Carolina, surplus funds from a foreclosure are paid to the person legally entitled to them, and the Clerk of Superior Court can decide competing claims. A quitclaim deed only transfers whatever the signer owned at…
How do I prove my share of home equity if my name remains on title? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure go first to junior lienholders of record and then to the property owner(s) of record at the time of the sale. To prove your share, file a…
Will filing bankruptcy affect my ability to recover surplus funds? – North Carolina Short Answer Yes, filing bankruptcy can pause or change how foreclosure surplus funds are paid out in North Carolina. The surplus is generally paid through the Clerk of Superior Court to junior lienholders first and then to the homeowner, but a bankruptcy…
Can I force the lender to accept late mortgage payments after they previously agreed to them? – North Carolina Short Answer Generally, no. In North Carolina, a lender’s past acceptance of late payments does not require it to keep accepting them unless there is a signed, enforceable modification or reinstatement agreement. The Clerk of Superior…
What steps are needed to open an estate for someone who died without a will so we can address unpaid property taxes? – North Carolina Short Answer In North Carolina, an heir or other qualified person must apply with the Clerk of Superior Court to be appointed administrator and receive Letters of Administration. Once appointed,…
What steps can I take to avoid an appeal if not all parties are formally served in a surplus funds claim? – North Carolina Short Answer In North Carolina, you lower appeal risk by joining every person with a direct claim to the foreclosure surplus and ensuring proper Rule 4 service on any newly added…
If we pay the back taxes, how do we transfer title out of the decedent’s name into our names? – North Carolina Short Answer In North Carolina, title to a person’s non-joint real estate passes to the legal heirs at the moment of death. To get record title into your names, first stop the pending…
How do I request a continuance to add a party before a scheduled surplus funds hearing? – North Carolina Short Answer In North Carolina, file a written Motion to Continue and Motion to Join Necessary Party in the foreclosure special proceeding (SP) before the Clerk of Superior Court. Ask the clerk to add the prior…
