Short Answer

In North Carolina partition cases, you can pause or continue mediation while you collect missing numbers through court-backed discovery. The Clerk of Superior Court can order neutral valuation (such as an appraisal), require document exchange, issue or enforce subpoenas for mortgage/HELOC payoffs, and appoint commissioners if needed. Mediator fees and appraisal or commissioner costs can be apportioned by court order and, in many cases, paid from sale proceeds.

Understanding the Problem

You’re in a North Carolina partition matter before the Clerk of Superior Court and the case is in court-ordered mediation. You want to decide whether to sell the home or buy out a co-owner, but one co-owner has not produced mortgage payoff figures, equity loan documents, or proof of funds. Without a reliable value and net-equity estimate, you cannot negotiate terms—or even split mediation costs—confidently.

Apply the Law

North Carolina partition actions are special proceedings heard by the Clerk of Superior Court in the county where the property sits. The clerk can order mediation, set or extend mediation deadlines, and apportion mediator fees. When mediation stalls because key numbers are missing, you may use civil discovery tools (including subpoenas) and seek interim orders requiring document exchange. The clerk may also order a neutral appraisal, and in appropriate cases appoint commissioners to evaluate whether a partition-in-kind is feasible or recommend a sale. Fees for the mediator, appraiser, commissioners, and related services can be taxed as costs and, in many cases, paid from sale proceeds.

Key Requirements

• Forum: File and ask for relief in the Clerk of Superior Court in the county where the property is located.
• Mediation management: The clerk can order or continue mediation, set exchange deadlines, and apportion mediator fees.
• Discovery to get numbers: Use subpoenas and motions to compel for mortgage/HELOC payoffs, equity loan documents, and proof of funds.
• Neutral valuation: Request a court-ordered appraisal (or appointment of commissioners) to establish fair market value if parties cannot agree.
• Buyout structure: If a buyout is on the table, require proof of funds (letter or deposit) and consider a price formula tied to an appraisal and net of liens/closing costs.
• Costs: Ask the clerk to tax mediator/appraisal/commissioner/survey costs as costs of the proceeding, often payable from sale proceeds.

What the Statutes Say

• N.C. Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Clerk may order mediation; court can apportion fees and enforce attendance/payment.
• N.C. Gen. Stat. Chapter 46A (Partition of Real Property) – Governs partition, including appointment of commissioners, sales, and cost handling.
• N.C. Gen. Stat. § 1A-1, Rule 45 (Subpoenas) – Authorizes subpoenas to third parties (e.g., lenders) for payoff statements and records.
• N.C. Gen. Stat. § 1-393 (Rules in Special Proceedings) – Civil Rules apply in special proceedings unless otherwise provided.

Analysis

Apply the Rule to the Facts: Because a co-owner hasn’t produced payoffs or equity loan documents, ask the clerk to set an exchange deadline and authorize subpoenas to the mortgage and HELOC lenders. If buyout is being discussed, request an order requiring proof of funds. To anchor negotiations, seek a neutral appraisal; if there’s a dispute about how to divide the property, ask the clerk to appoint commissioners. Finally, move to apportion mediation costs now and request that appraisal and related fees be taxed as costs and paid from sale proceeds.

Process & Timing

1. Who files: A co-owner/party. Where: Clerk of Superior Court in the county where the property is located. What: Motion to compel disclosures and authorize subpoenas; motion for neutral appraisal or appointment of commissioners; request to apportion mediator fees (AOC-G-304); if needed, motion to continue mediation and set deadlines (AOC-G-300/AOC-G-301 for the mediation program before the clerk). When: Promptly upon mediation impasse or per the mediation order’s timeline.
2. Next: The clerk may set exchange deadlines, order an appraisal, and authorize subpoenas to lenders. Appraisals typically take several weeks; timing varies by county and vendor availability.
3. Final: Return to mediation with verified numbers or proceed to a hearing for a partition order (commissioners’ report, partition in kind, or sale). If selling, expect a sale order and later confirmation; if buying out, expect a consent order with an appraisal-based formula and proof-of-funds/deposit terms.

Exceptions & Pitfalls

• Mediation confidentiality does not shield underlying documents—if evidence appears at mediation, you can still seek it through discovery later.
• Lender payoff statements can expire quickly; build in an updated-payoff step before finalizing a buyout or sale.
• If a co-owner proposes a buyout, require proof of funds or a deposit with the clerk to avoid delays.
• Ask early for appraisal/commissioner/survey fees and mediator fees to be taxed as costs and, where appropriate, paid from sale proceeds.
• Follow subpoena service rules precisely to avoid quash or delay; use the clerk’s authority to enforce noncompliance.

Talk to a Partition Action Attorney

If you’re dealing with a stalled partition mediation because key numbers are missing, 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.