Is it faster or safer to pick up the check in person instead of having it mailed, especially around the holidays? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court has a final order and the notice/appeal period has run, in-person pickup often avoids postal delays and can be faster…
Who is holding the funds before the hearing, and do they earn interest? – North Carolina Short Answer In North Carolina foreclosure and judicial sale cases, surplus proceeds are typically paid into the office of the Clerk of Superior Court if entitlement is unclear or disputed; otherwise, the trustee or sale officer may hold them…
Can someone object to how the remaining funds are split, and what happens if they do? – North Carolina Short Answer Yes. In North Carolina, any person with a legal claim to surplus funds (the money left after a foreclosure or similar court-ordered sale pays costs, taxes, and the debt) can object to how those…
Can this claim move forward while my elderly parent is living, and will they need to sign anything? – North Carolina Short Answer Yes. In North Carolina, a claim for surplus funds after a foreclosure or tax foreclosure can move forward even if a living parent is an interested party. The Clerk of Superior Court…
What documents do I need to prove my family’s interest when the property was passed down informally? – North Carolina Short Answer Under North Carolina law, surplus money from a foreclosure or tax sale goes to lienholders first and then to the person(s) legally entitled to it. If title passed informally through a family, the…
What happens if the court believes there may be unknown heirs who were served by publication? – North Carolina Short Answer In North Carolina, if the court believes unknown heirs may have an interest in foreclosure surplus funds and they were served by publication, the court typically appoints a guardian ad litem to represent them…
How do I confirm and notify all heirs or interested parties to avoid later disputes? – North Carolina Short Answer In North Carolina, the cleanest way to avoid later disputes over tax-foreclosure surplus funds is to file a verified petition with the Clerk of Superior Court, join every person with a potential interest as a…
What documentation do I need to prove entitlement as power of attorney to claim the funds? – North Carolina Short Answer In North Carolina, an agent under a properly executed power of attorney can claim surplus tax-foreclosure funds for the principal by filing a verified petition with the Clerk of Superior Court that proves (1)…
Can my law firm’s tax information be used to receive surplus funds on behalf of my client? – North Carolina Short Answer Usually, the Clerk of Superior Court pays surplus tax-sale proceeds to the person legally entitled to them (or, if deceased, to the decedent’s estate through a personal representative). A law firm may receive…
What forms do I need to submit to recover funds for myself and a decedent’s estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court will not disburse surplus sale proceeds until each payee provides tax-identification paperwork and proof of entitlement. Expect to submit an IRS Form W‑9 for each payee…