Short Answer

Go to the Clerk of Superior Court in the county where the property is located and ask for the foreclosure file. Most mortgage (power-of-sale) foreclosures are Special Proceedings and use an SP case number; most tax foreclosures are either a civil action (CV) or an in rem docket under the tax statutes. You can inspect the file in person and request copies or certified copies of the original notice of sale.

Understanding the Problem

You need to see the original foreclosure notice of sale to fix a legal description mismatch before moving forward in a North Carolina partition action. The single decision point is how to get the correct foreclosure court file—who to ask, where to go, and what case number to look for—so you can compare the legal description in the notice of sale (or petition/complaint) to the commissioner’s deed used in your chain of title.

Apply the Law

In North Carolina, mortgage foreclosures under a deed of trust are usually handled by the Clerk of Superior Court as Special Proceedings under Chapter 45. Those files are public unless sealed and are typically indexed with an SP number in the county where the land sits. County tax foreclosures proceed either as a civil action in Superior Court under the tax statutes (often a CV number) or as an in rem proceeding that is docketed with the Clerk and administered by the tax collector; those records can involve both the court’s file and the tax office’s administrative file. The Register of Deeds holds the recorded deed from the sale, but the court’s file is where you’ll find the original notice of sale, report of sale, and orders.

Key Requirements

• Identify the foreclosure type and county: Power-of-sale (Chapter 45) vs. tax foreclosure (by civil action or in rem) in the county where the property is located.
• Locate the case/docket number: SP for power-of-sale; CV for a tax foreclosure civil action; judgment/docket entries and tax collector file for in rem.
• Request inspection from the Clerk: Ask the Clerk of Superior Court (Civil/Special Proceedings) to view the file; files are public unless sealed.
• Request copies/certified copies: Pay standard copy and certification fees for the notice of sale and related orders (report/confirmation of sale, commissioner appointment).
• Check the tax office when in rem: For in rem foreclosures, also request the administrative file from the county tax collector or county attorney.

What the Statutes Say

• North Carolina Gen. Stat. § 45-21.16 (Hearing before clerk to foreclose under power of sale) – Foreclosure by power of sale proceeds before the Clerk as a special proceeding.
• North Carolina Gen. Stat. § 45-21.17 (Notice of sale requirements) – Sets content and posting/publishing rules for notices of sale.
• North Carolina Gen. Stat. § 105-374 (Tax foreclosure by civil action) – Taxing units may foreclose by civil action in Superior Court.
• North Carolina Gen. Stat. § 105-375 (In rem tax foreclosure) – In rem process docketed with the Clerk; the tax collector maintains key records.

Analysis

Apply the Rule to the Facts: Because your purchase followed a county foreclosure with a commissioner’s deed, this likely was a tax foreclosure. Start by searching the county’s Superior Court records for a tax foreclosure civil action (CV) file and, if none, check for an in rem foreclosure docket entry and the tax collector’s administrative file. In either file, pull the original notice of sale and the report/confirmation of sale to compare the legal description to the commissioner’s deed.

Process & Timing

1. Who files: You or your attorney. Where: Clerk of Superior Court, Civil Division/Special Proceedings, in the county where the land sits. What: Request to inspect the foreclosure file (SP for power-of-sale; CV for tax civil action) and ask for copies/certified copies of the notice of sale, report of sale, order confirming sale, and commissioner appointment/order. There is no statewide form; use the clerk’s records request process. When: Same-day inspection is typical for on-site files; archived or off-site files may take several days to retrieve.
2. If you cannot find an SP or CV file, ask the Clerk to check the judgment/docket for an in rem proceeding and contact the county tax office or county attorney to view the tax foreclosure administrative file.
3. Obtain certified copies as needed for your partition case record and title clarification.

Exceptions & Pitfalls

• Don’t rely only on the recorded deed. The Register of Deeds won’t have the full notice/report/confirmation set that appears in the court or tax file.
• Confirm the foreclosure type. A tax foreclosure may be CV or in rem; if you only search SP files, you may miss the correct file.
• Name and address variations matter. Search using the owner’s full name at the time of foreclosure and the property address/parcel ID.
• Older files may be archived. Build in time for retrieval; ask the clerk about off-site storage or microfilm.
• Get certified copies for court use. Plain copies can help review, but certified copies are often requested by courts and title examiners.

Talk to a Partition Action Attorney

If you’re dealing with a partition case and need the foreclosure file to fix a legal description, our firm has experienced attorneys who can help you understand your options and timelines. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.