Can my company claim foreclosure surplus funds if we bought an heir’s interest? – North Carolina Short Answer Possibly. In North Carolina, a company that bought an heir’s interest may file a special proceeding with the Clerk of Superior Court to claim the portion of foreclosure surplus funds tied to that heir’s share, but the…
How do I write and file a written answer to the court and properly send a copy to the other side’s attorney? – North Carolina Short Answer In North Carolina surplus funds cases, a written “Answer” is a short document filed with the Clerk of Superior Court in the same surplus funds special proceeding. The…
Am I responsible for paying the other party’s attorney’s fees in a foreclosure surplus funds case? – North Carolina Short Answer Sometimes, but not automatically. In a North Carolina foreclosure surplus funds special proceeding, the clerk or court may award a reasonable attorney’s fee to the prevailing party and may require that fee to be…
How do I get the court documents and understand what filings have been made in the estate case? – North Carolina Short Answer In North Carolina, most estate records and related clerk-filed documents can be obtained from the Clerk of Superior Court in the county where the estate is filed. The fastest way to understand…
What happens if I miss the deadline to respond to the surplus funds petition? – North Carolina Short Answer In North Carolina, missing the deadline to respond to a surplus funds petition can mean the clerk of superior court decides who gets the surplus without considering that claim. If no timely answer is filed, the…
How does the court decide who gets the surplus funds when the former owner is deceased ? – North Carolina Short Answer In North Carolina, when foreclosure surplus funds are paid into the Clerk of Superior Court because the former owner is deceased or there is a dispute, the money does not automatically go to…
What does it mean if I’m named as a respondent in a surplus funds case after a foreclosure sale? – North Carolina Short Answer In North Carolina, being named as a respondent (often called a “defendant” in the statute) in a surplus funds case usually means someone has started a clerk-of-court proceeding to decide who…
How do I fix a surplus funds order if the court already entered an order but the payee information needs to change? – North Carolina Short Answer In North Carolina, a surplus funds disbursement order can often be corrected by asking the Clerk of Superior Court to enter an amended (or corrected) order that changes…
How do the children of a deceased child inherit a share of surplus funds, and does adoption affect who counts as an heir? – North Carolina Short Answer In North Carolina, when a parent dies without a will, a deceased child’s share does not disappear. Instead, that child’s descendants (such as grandchildren) generally split the…
If I didn’t get notice about the probate case or the foreclosure sale, can I still claim the money now? – North Carolina Short Answer Often, yes. In North Carolina, foreclosure surplus funds are commonly paid into the Clerk of Superior Court when the person entitled to the money is unclear, cannot be located, or…
