How can I find out if the court has approved the order to release my surplus funds? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court approves surplus-fund disbursements by signing and entering a written order in the foreclosure case file. You can confirm approval by checking the case docket or…
What are my rights if the court says I need to pay a fee and attend a hearing to get my funds? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are paid out by the Clerk of Superior Court only after the court confirms who is entitled and in what…
How do I check if there are other estate assets, like bank accounts, available to heirs? – North Carolina Short Answer In North Carolina, heirs cannot access or confirm bank accounts or other assets without legal authority. You either (1) get authority as a personal representative or collector by affidavit to request records and collect…
How can I claim my share of a foreclosure surplus fund without a special proceeding? – North Carolina Short Answer In North Carolina, surplus funds from a power-of-sale foreclosure are paid first to junior lienholders and then to the owner (or heirs) who held title at the time of the sale. You can ask the…
What is the process for submitting an FS9 form to the clerk to get my surplus funds released? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are released by the Clerk of Superior Court only after an order authorizes payment to the correct payee. If the clerk requires it, you…
What happens if I have an outstanding judgment against me when claiming foreclosure surplus funds? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are first used to pay junior liens on the property in order of priority. If your judgment was docketed in the county where the property sits before…
Who do I need to serve and notify when pursuing surplus funds from a foreclosure auction? – North Carolina Short Answer In North Carolina, you must serve the foreclosure trustee (or substitute trustee) who holds the surplus and every person or entity with a recorded claim junior to the foreclosed deed of trust (for example,…
How long does it take to get paid once a surplus funds petition is approved? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court signs an order distributing foreclosure surplus funds, payment usually follows after the short appeal window closes and the clerk’s office processes the disbursement. Time varies by…
How do I list all interested relatives as respondents and include myself on the summons? – North Carolina Short Answer In North Carolina special proceedings, you list yourself as the petitioner and do not list yourself as a respondent. Name every other person with a potential claim to the surplus funds as respondents and serve…
What is the proper way to serve the special proceeding summons by certified mail and prove service? – North Carolina Short Answer In North Carolina special proceedings, you serve each respondent with the petition and Special Proceedings Summons (AOC-SP-100) using a Rule 4 method. Certified mail works if it is addressed to the respondent, sent…