Dec152025
Partition Action Q&A Series

How can I get a copy of the receipt or closing statement from a court-ordered home sale? – North Carolina

Short Answer

In a North Carolina partition action, the receipt or closing statement from a court-ordered home sale is usually found in the special proceeding file as the commissioner’s report, final report, or accounting filed with the clerk of superior court. A third party can normally request a copy directly from the clerk’s office using the special proceeding number, or ask the attorney of record or commissioner to provide a filed copy if it is not yet in the public file.

Understanding the Problem

The narrow question is how a person who is not a party can obtain a copy of a receipt of sale or closing statement for a home sold through a North Carolina partition special proceeding. The situation typically arises after the clerk has ordered a sale of co-owned real estate, a commissioner has conducted the sale, and the transaction has closed, but a third-party requester has not received documentation even after providing a special proceeding number and contact information. The focus is on where that document lives in the court system, who maintains it, and what steps allow a non-party requester to obtain a copy.

Apply the Law

North Carolina partition sales follow the judicial sale procedures in the general execution-sale statutes, as modified by the partition statutes. The commissioner or person conducting the sale must file a written report of sale and, after closing, a final report or accounting with the clerk of superior court in the county where the special proceeding is pending. Those filings function as the court’s record of the price, purchaser, and distribution of proceeds and are usually part of the public court file, which third parties may inspect and copy unless sealed.

Key Requirements

  • Report of sale: The person holding the public or private sale must file a signed report with the clerk within a short time after the sale, identifying the case, the authority for the sale, the property, the purchaser, and the sale price and terms.
  • Confirmation and final report: The clerk must confirm the sale after the upset-bid period ends, and the commissioner or other sale officer must file a final report or accounting of receipts and disbursements once proceeds are received.
  • Clerk’s record and access: The clerk of superior court maintains the special proceeding file, including reports and orders, and makes non-confidential filings available for public inspection and copying upon request that sufficiently identifies the file.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In a North Carolina partition special proceeding involving a court-ordered sale, the commissioner should have filed a report of sale and, after closing, a final report or accounting in the special proceeding file with the clerk of superior court. Those filings typically serve as the official record equivalent to a receipt of sale or closing statement. If a third-party requester has given the clerk the correct special proceeding number but not received a copy, the issue is usually timing (the final report not yet filed or processed), a file-location problem (electronic versus paper), or a need for a more specific request (asking for the “report of sale” or “final report” rather than a generic “receipt”).

Process & Timing

  1. Who files: The commissioner or other person authorized to conduct the sale. Where: With the clerk of superior court in the county where the partition special proceeding is pending. What: A report of sale after the auction or private sale, and later a final report or accounting of receipts and disbursements. When: The sale report is due within a few days of the sale, and the final report is filed after the sale proceeds are received and disbursed under the court’s orders.
  2. Once those documents are filed, the clerk indexes them in the special proceeding file. A third-party requester can then contact the clerk’s office (in person, by mail, or by phone/email if the county allows) with the special proceeding number and ask for copies of the “report of sale,” “order confirming sale,” and any “final report” or “accounting.” Turnaround times vary by county and by whether the file is paper or electronic.
  3. If the documents are not yet in the public file, the requester may need to wait until the commissioner files the final report and the clerk processes it, or request that the attorney of record or commissioner provide a redacted copy of any closing statement kept in their own files, consistent with confidentiality and any court orders.

Exceptions & Pitfalls

  • Some partition files may contain confidential information (such as detailed settlement statements with personal identifiers). In those cases, the clerk may limit what a third party can receive or may provide a redacted copy.
  • If the sale is not fully closed, the commissioner may have filed only a preliminary report of sale, not a final accounting. A requester expecting a detailed, lender-style closing disclosure may find only a short judicial sale report in the court file.
  • Requesters sometimes give the wrong case type (for example, a civil file number instead of the special proceeding number), which can delay locating the right documents. Precise information about the county, case caption, parties’ names, and the special proceeding number helps the clerk find the report.

Conclusion

For a North Carolina court-ordered partition sale, the functional equivalent of a receipt or closing statement is the commissioner’s report of sale and any final report or accounting filed in the special proceeding with the clerk of superior court. Once those documents are filed and processed, a third party can usually obtain copies from the clerk’s office by requesting the sale report, confirmation order, and final accounting under the correct special proceeding number. If the file does not yet contain a final report, the next step is to follow up with the clerk or the attorney of record to confirm filing status.

Talk to a Partition Action Attorney

If a court-ordered partition sale has occurred and a third party needs proof of the sale or a closing-style accounting, our firm has experienced attorneys who can help explain what documents exist in the special proceeding file and how to request them from the clerk of superior court. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.