How to Obtain and Verify the Special Proceedings File Number for Surplus Funds in North Carolina
Detailed Answer
When a property in North Carolina goes through a tax sale or foreclosure, the sale often generates surplus funds—money remaining after all liens, taxes, and costs are paid. To claim those funds, you must file a motion in the special proceedings case where the foreclosure or tax sale was confirmed. That case carries a unique file number. Here’s how to find and verify that number under North Carolina law.
1. Understand the Role of Special Proceedings
In North Carolina, certain civil matters—including foreclosure and tax sales—proceed through the Special Proceedings Division of the Clerk of Superior Court. The clerk assigns each matter a file number prefixed by “SP” to distinguish it from general civil or criminal cases. You must use this exact identifier when filing to claim surplus funds.
2. Review Your Sale Documentation
Start with any notices or documents you received about the sale. Notices of Upset Bid (for tax sales) and Orders Confirming Sale (for foreclosures) normally include the case caption and file number. Under N.C. Gen. Stat. § 105-374 and N.C. Gen. Stat. § 105-381, those documents must identify the clerk’s confirmation entry and file number.
3. Search the North Carolina Judicial Branch Public Index
The NC Judicial Branch provides a free online Public Index where you can look up case information by party name or case number. Filter your search for “Special Proceedings” (often abbreviated “SP–CV”) in the county where the property sits. Once you locate the correct matter, note the file number exactly as listed, including all prefixes and year indicators.
4. Contact the Clerk of Superior Court
If you cannot find the file number online or have questions, call or visit the county Clerk of Superior Court’s office directly. Provide the property address or tax parcel number and the date of the sale. Clerks’ offices maintain comprehensive records and can confirm whether you have the correct file number.
5. Verify on the Docket Sheet
Once you have the file number, request a docket sheet from the clerk or view it online if available. The docket sheet lists every filing in that case. Confirm that the case caption matches the property and parties involved. This step ensures you won’t file a motion in the wrong matter.
Key Steps to Obtain and Verify Your Special Proceedings File Number
- Identify the county where the tax sale or foreclosure occurred.
- Gather sale documents: Notice of Upset Bid or Order Confirming Sale.
- Use the North Carolina Judicial Branch Public Index to locate the case.
- Call or visit the Clerk of Superior Court’s office with property details.
- Request the docket sheet and confirm the case caption and file number.
- Use the verified number when you file a motion to claim surplus funds.
Next Steps and Call to Action
Locating and verifying the correct special proceedings file number is essential to recovering surplus funds after a tax sale or foreclosure. If you need help navigating this process or preparing the proper motion, Pierce Law Group can guide you every step of the way. Our attorneys understand North Carolina’s procedures for surplus fund claims and can help ensure your filing is accurate and timely.
Contact Pierce Law Group today by emailing intake@piercelaw.com or calling us at (919) 341-7055.
