Can I challenge the foreclosure sale or the report of sale if I think something was handled incorrectly? – North Carolina Short Answer Yes. In North Carolina, a foreclosure sale and the paperwork filed after the sale can sometimes be challenged, but the challenge usually must be raised quickly and in the right place—often with…
What paperwork do the heirs need to sign to let the court reissue surplus funds to one person? – North Carolina Short Answer In North Carolina, the clerk of superior court generally will not reissue surplus foreclosure funds to just one heir unless the court has a clear legal basis to pay that person and…
How do I find out the final sale amount and all fees that were added before the auction? – North Carolina Short Answer In North Carolina, the best place to confirm the final sale amount and the fees/costs charged in connection with a power-of-sale foreclosure is the Clerk of Superior Court file for the foreclosure.…
Can an asset recovery company legally collect the surplus funds for me, and what should I watch for before signing anything? – North Carolina Short Answer Yes. In North Carolina, an asset recovery company can often help pursue foreclosure surplus funds if the rightful claimant signs an authorization or assignment, but the claimant is not…
What information does the clerk’s office need to look up and confirm a surplus funds hearing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can usually look up and confirm a surplus funds hearing using the county where the surplus was paid, the underlying case or file number (foreclosure file…
What proof do I need to show I’m entitled to the surplus funds as the only child of the deceased owner? – North Carolina Short Answer In North Carolina, a person claiming foreclosure surplus funds as the deceased owner’s only child generally must prove (1) the funds exist and are held by the Clerk of…
Does someone who was only under a parent’s guardianship (not legally adopted) have any right to share in inherited property proceeds? – North Carolina Short Answer Usually, no. In North Carolina, being raised under a parent’s guardianship does not, by itself, make someone an “heir” who can inherit from that parent or share in proceeds…
How can I check what happened in the probate case and whether the person running it mishandled the estate or the property? – North Carolina Short Answer In North Carolina, the best way to check what happened in a probate case is to get the estate file from the Clerk of Superior Court in the…
Can the beneficiary file the petition directly, or does the trustee have to file on the trust’s behalf? – North Carolina Short Answer In North Carolina, a petition to determine who gets foreclosure surplus funds may be filed with the Clerk of Superior Court by any person claiming the surplus. That can include a trust…
Which party should be named on a surplus funds petition when the property is held in a land trust with a separate trustee and beneficiary? – North Carolina Short Answer In North Carolina, a surplus funds petition is usually filed in the name of the person or entity that is legally entitled to the surplus,…
