Dec302025
Surplus Funds Q&A Series

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 number, civil file number, or special proceeding number), and the names tied to the sale (such as the property owner/borrower and trustee or sheriff). If the file number is not available, the clerk’s office can often search by party name and the property address, but results vary by county and by how the sale was recorded.

Understanding the Problem

In North Carolina surplus funds matters, the Clerk of Superior Court is the office that typically holds surplus money from certain sales and schedules the hearing in the special proceeding that decides who gets the surplus. The practical question is what identifying details the clerk’s office needs to find the correct file and confirm whether a surplus funds hearing is on the calendar. The decision point is whether there is enough case-identifying information to locate the correct surplus funds file and confirm the hearing date, time, and courtroom (or whether the matter has not been scheduled yet).

Apply the Law

North Carolina law allows a person claiming surplus money that was paid into the clerk’s office to start a special proceeding before the Clerk of Superior Court to determine who is entitled to the funds. In deed of trust foreclosures, surplus is paid to the clerk when the person conducting the sale does not know who is entitled to it, cannot locate the right person, is in doubt, or there are competing claims. In execution sales, the clerk holds any surplus if the clerk is in doubt or adverse claims exist. The hearing that gets “confirmed” is typically tied to that special proceeding file in the county where the sale occurred and the surplus was deposited.

Key Requirements

  • Correct county and file: The clerk’s office must locate the correct county file where the surplus was deposited and where the special proceeding is (or will be) pending.
  • Identifying case information: The clerk generally needs a file number (best), or enough identifiers (names, property address, sale type) to find the right record.
  • Match to the surplus funds proceeding: The hearing is usually associated with the special proceeding to determine ownership of the surplus, not just the foreclosure or execution sale record.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The question focuses on confirming a surplus funds hearing, which usually means confirming the hearing in the special proceeding that decides ownership of surplus held by the clerk. Because North Carolina law routes disputed or uncertain surplus to a clerk-held fund and then to a special proceeding, the clerk’s office typically needs information that identifies (1) the county file where the surplus was deposited and (2) the special proceeding or underlying sale record connected to that deposit. If only partial information is available, the clerk may still locate the file using names and the property address, but a file number is the most reliable identifier.

Process & Timing

  1. Who calls or requests confirmation: A claimant, an attorney for a claimant, or another party to the special proceeding. Where: The Office of the Clerk of Superior Court in the county where the sale occurred and the surplus was paid into the clerk’s office. What: Request the hearing date/time for the surplus funds special proceeding (or ask whether a hearing has been scheduled yet). When: As soon as there is a need to confirm the calendar setting or to verify the correct file.
  2. Information the clerk’s office commonly needs to locate the file:
    • County where the sale occurred (this is usually where the surplus is held).
    • Special proceeding file number (best identifier if a surplus ownership proceeding has already been filed).
    • Foreclosure file number (often begins with a year and “SP” in many counties) if the surplus came from a deed of trust foreclosure.
    • Civil action / execution sale file number if the surplus came from a sheriff’s execution sale.
    • Property address (helpful when multiple cases involve similar party names).
    • Names used in the file (typically the property owner/borrower/judgment debtor and the foreclosing party/judgment creditor; sometimes the trustee or sheriff).
    • Date of sale (approximate) and whether it was a foreclosure sale or an execution sale.
    • Amount of surplus (approximate) or confirmation that surplus was paid into the clerk’s office (useful when the question is whether funds are actually on deposit).
  3. Confirmation step: Once the correct file is located, the clerk’s office can confirm whether a hearing is scheduled, the hearing date and time, and whether the matter is before the clerk or has been transferred to Superior Court for trial if factual disputes were raised.

Exceptions & Pitfalls

  • No hearing exists yet: Sometimes surplus is on deposit, but no one has filed the special proceeding to determine ownership, so there is nothing to “confirm” beyond whether funds are being held.
  • Wrong file type: A foreclosure file and a surplus ownership special proceeding can be related but not identical. Confirming the hearing usually requires the special proceeding number (if one has been opened) or at least the foreclosure/execution identifiers so the clerk can find the correct record.
  • Name mismatches: The file may list parties under legal names, estate names, or entity names. Using multiple search terms (full name, prior name, and property address) can prevent a missed match.
  • Transfer to Superior Court: If an answer raises factual disputes about ownership, the matter can move off the clerk’s hearing track and onto the civil issue docket, which can change how the hearing is scheduled and confirmed.
  • Competing claims and notice issues: North Carolina surplus proceedings generally require bringing in other known claimants. Missing a claimant can delay scheduling or require additional notice steps.

Conclusion

In North Carolina, the clerk’s office usually confirms a surplus funds hearing by locating the correct county file where the surplus is held and the special proceeding that determines ownership of that surplus. The most helpful information is the special proceeding number or the underlying foreclosure/execution file number, plus party names and the property address. The next step is to provide the county and file number to the Clerk of Superior Court and ask the clerk to confirm the hearing setting (or confirm whether a hearing has been scheduled yet).

Talk to a Surplus Funds Attorney

If a surplus funds hearing needs to be located or confirmed in North Carolina, our firm has experienced attorneys who can help identify the correct file, confirm the calendar setting, and explain the process 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.

Category: Surplus Funds 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.