Most deeds of trust in North Carolina contain “power of sale” language requiring the trustee to sell the property, on the request of the beneficiary, in the event of a default under the terms of a promissory note or deed of trust. The association, acting through the executive board, may foreclosure the claim of lien in a like manner as a mortgage or deed of trust under power of sale as provided under Art. Notice of Default. Once upset bids begin, no further bids or deposits are accepted by the foreclosing attorney. Search through all foreclosures in North Carolina. Borrowers may be eligible for programs designed to avoid foreclosure, such as a loan modification, forbearance, or a repayment plan. Borrowers or real property owners considering an appeal should consult an attorney licensed in North Carolina. Even with this change in the law, the Tax Office has always made a good-faith effort to notify  new owners of the existence of tax bills, but state law only requires that the tax bill be sent to the taxpayer as of January 1 of that year, and to the last known address of the taxpayer and/or new record owner. A promissory note is a legal document where one party promises to pay a sum of money to another party at a fixed time, on demand, or in regular intervals. In Rem Tax Foreclosures in North Carolina Instead of filing a lawsuit, the tax collector can choose to use an alternative process called an “in rem” foreclosure. The procedure for filing and foreclosing a claim of lien is set forth in North Carolina General Statute §47F-3-116 for homeowners’ associations and North Carolina General Statute §47C-3-116 for condominium owners’ associations. Property Search. Legal Aid of North Carolina is a statewide nonprofit organization that may be able to assist some homeowners in their foreclosure cases. The property tax in North Carolina is a locally assessed tax, collected by the counties. After reading this guide, you will understand the steps involved in the eviction process in North Carolina and how long each step will take. The trustee is a neutral third party that holds legal title to real property as security for a debt until the debt is satisfied. A “power of sale” foreclosure is initiated when the trustee or substitute trustee files a “notice of hearing” with the clerk of superior court in the county where the subject real property is located. How many years do property taxes have to be in arrears before the County begins the foreclosure process? What happens if no one bids on the property at the foreclosure sale? This is essentially an administrative requirement put in place to ensure that the relatively quick power of sale process is not abused. Be posted, in the area designated by the clerk of superior court for posting public notices in the county in which the property is situated, at least 20 days immediately preceding the sale. The main purpose of the foreclosure process is to notify all interested parties that any legal interest they may have in the property will be terminated and extinguished if a tax foreclosure sale of the property is completed. Failure to pay the installments when due renders the assessments delinquent and therefore subject to foreclosure in the same manner as delinquent real property taxes. If a non-owner pays the taxes, in no way does it convey rights to the property to that person. A lawsuit is filed to obtain a court order of foreclosure, and the foreclosure sale process is directed by the court. With respect to special improvement assessments, this represents a lien for capital improvement work (street paving, sewers, water lines, etc) which are done next to, and usually for the benefit of, a taxpayer’s property. The redemption price is equal to the taxes, city liens and/or assessments, interest, fees and costs of the foreclosure proceeding to the date of the redemption (fees including the 5% commissioner fees on the sale price or current upset bid price at the time of redemption). If the borrower defaults under the terms of the note or deed of trust, for example stops making payments, the beneficiary under the deed of trust can ask the trustee to begin the foreclosure process. Notices of sale are published in the newspaper once a week for two weeks and posted at the Courthouse for at least 20 days. For property tax foreclosures, the Tax Office publishes the notices of sale with the minimum bids on their website (see link above). One of the collection tools used for these efforts is the employment of private attorneys to commence formal foreclosure proceedings under North Carolina General Statutes 105-374 against real property on which there are delinquent unpaid property taxes, delinquent city liens and/or delinquent unpaid special assessments. Once the Durham Tax Office or the City of Durham Collector of Revenue assigns properties to attorneys to foreclose, the Tax Office and/or the Collector of Revenue mark their respective computer records with the assignment, and will no longer accept direct payments or payment plans from taxpayers. North Carolina has a very short statutory right of redemption, which would allow a party whose property has been foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs within ten (10) days of the sale through the upset bid process, where any bidder can increase the sale bid by 5% in order to become the winning bidder at the sale. Since most bidders do not have the exact cash or certified funds on them at the public sale, the bidder is allowed to deliver a temporary personal check to the attorney. However, a person seeking to have the judgment set aside must appear before the clerk on the motion prior to execution on the judgment. If no upset bids are received, the attorney notifies the high bidder at the sale that the bidder has won, and that bidder has to come up with the balance of the purchase price. Alamance County Free Search. Upset bids are calculated and received by the Clerk of Court for each property. This means that unlike many other states in which a lender seeking to foreclose must go through a lengthy judicial process in order to regain collateral (your house), North Carolina lenders may foreclose through a private sale process. In North Carolina, tax liens cannot be purchased. COVID-19 Get the latest information on tax … NC.G.S 105-375. 45-21.12(A), a statute which provides protections in certain circumstances to specified military borrowers. There is not a standard form for the notice of appeal. What happens to property which is deeded to the County or City of Durham? If you are interested in purchasing a tax foreclosure property in Western North Carolina, we encourage you to look over our up-to-date list of properties going up for auction. One of the many responsibilities of a homeowner is paying his property taxes on time. The bidder then has two hours after the conclusion of the public sale to come to the attorney’s office replace and exchange the personal check for cash or cash-equivalent funds. These assessment bills are sent to the landowners as part of a confirmation process by the City Council. State law provides that any owner, mortgage holder or defendant in a filed tax foreclosure proceeding can stop the foreclosure process at any time by redeeming the property. We also provide rent to own homes, short sales homes and preforeclosures in North Carolina (NC) along with bankruptcy homes and government HUD foreclosure listings. A borrower (debtor) signs a promissory note when a lender (creditor) loans money. § 45-102). The redemption price is equal to the taxes, interest fees and costs of the foreclosure proceeding to the date of the redemption. The matter is filed as a special proceeding. In order for the trustee or substitute trustee to obtain an order allowing the sale of real property, the clerk must find the existence of the following: Evidence may include testimony of the borrowers and other witnesses, as well as written documents. A: State law provides that any owner, mortgage holder, or defendant in a filed tax foreclosure proceeding can stop the foreclosure process at any time by redeeming the property. For more details, see our Surplus Property Page, North Carolina State Bar Certified Specialist in Real Property Law, Link to Sale Page for tax and lien foreclosure sales being handled by Reinhardt Law Offices, It is the duty of each owner of property to keep the Tax Office notified of address changes and to know that taxes are payable each year, regardless of whether a billing was received, How do people find out about upcoming tax, city lien or assessment foreclosure sales, What happens to property which is deeded to the County or City of Durham, Link to Tax and Lien Foreclosure Website of Commissioner R. Douglas Davis, Link to City and County of Durham Surplus Properties Pages. The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. A holder is a person, entity, estate, trust, partnership, etc. The notice of hearing must be served on borrowers, record property owners, and anyone else required under the deed of trust. The summons and complaint will be delivered to each defendant by the sheriff, or by other approved means of service of process in civil lawsuits (FEDEX, certified mail, process server, etc.). Property Search. HUD-approved agencies in North Carolina here, North Carolina Department of Justice here, Legal Notices, Disclaimers and Terms of Use. There are no limits to the amount or frequency of upset bids. After its deed is recorded, the County of Durham or the City of Durham, as the new owner, will evaluate the property to see if it wants to keep the property or dispose of it. More and more North Carolina local governments are turning to the in rem tax foreclosure process because of the cost and time savings it offers as compared to a traditional mortgage-style tax foreclosure. Rights in any surplus funds are determined by the Clerk of Court. This step is referred to … Upon completion of the sale, the trustee or substitute trustee will transfer title or ownership of the real property to the purchaser by executing a trustee’s deed. In a homeowner’s or condominium owner’s association foreclosure, the homeowner may not raise equitable arguments, for instance that the association failed to fulfill its obligations to maintain the property appropriately. In this same example, if a minimum upset bid was filed, then the new overall upset bid price would be $10,750, and another 10-day period would start to run, commencing on the date that the upset bid was filed with the Clerk of Court. Redemption can even occur after a sale, as long as the sale has not been confirmed by the Court. Delinquent Tax Officer prepares an opening bid for the taxes owed (this is a total of the taxes and foreclosure costs). A judge in a foreclosure by civil action has broader jurisdiction and authority than the clerk does in a power of sale foreclosure. The Office of the Tax Collector utilizes the mortgage style foreclosure process (NCGS §105-374) which is conducted by a law firm. Contact Info. Learn about North Carolina foreclosure laws, the foreclosure timeline and notice of sales. If the trustee or substitute fails to appear, the clerk of court may deny the request for foreclosure. In the case of the first upset bid, the attorney handling the tax foreclosure sale would notify the public sale bidder of the upset bid, and make arrangements to return the 10% deposit to the original bidder. The Tax Department takes tax foreclosures very seriously. As a result of the foreclosure, the property owner loses all rights in the property. Before proceeding with any legal action, notice is given to the taxpayer by phone, letters, notices, etc. That is why it is so important for bidders to fully check out a property prior to placing any bid or upset bid. How do people find out about upcoming tax, city lien or assessment foreclosure sales? With respect to city liens, this represents liens filed with the Register of Deeds for either property cleanup, property stabilization and repair, or structure demolition. What is the legal effect of a tax, city lien or assessment foreclosure filing? In addition, our office also mails out notices with the minimum bid amounts (see explanation below) to the defendants in the case as well as the owners of property adjacent to the property being sold. I will update this post as any new information becomes available; feel free to reach out to me directly with any information and I will consider adding it to the post. Are there any warranties on the property? In a power of sale foreclosure, the lender must prove that it is authorized to foreclose on the real property. If no upset bids are received (see above), then the sale will be confirmed to the County of Durham (for tax foreclosure cases) or the City of Durham (for city lien and/or assessment foreclosure cases), and a deed will be issued to the County or City of Durham. Mr. Reinhardt has been doing this work continuously for the Tax Office since 1989 (there was a 5 year hiatus from 1997 to 2002), and for the City of Durham (on liens and assessments) since 2006. The collection procedure for delinquent city liens and/or special improvement assessments due the City of Durham is very similar. Even though there are more ways for a reverse mortgage to be declared in default, North Carolina does offer the borrower some protection not offered in a typical residential foreclosure. Parties wishing to redeem property from tax, city lien or assessment foreclosure and stop the foreclosure process must contact the assigned attorney for a redemption payoff figure. At any point prior to confirmation of sale, the taxpayer can stop the proceedings by paying all taxes, interest, penalties and costs owed on the property. North Carolina Tax Warrants . Files. This report displays county-level and statewide counts of foreclosures filings by calendar year and by month for the last twenty years. What happens after the filing of the tax, city lien or assessment foreclosure complaint? If the case is filed as a civil action, it will be heard by a judge. As of December 20, Raleigh, NC currently has 172 tax liens available. At the public sale, the high bidder for a property will be required to post a deposit (equal to 10% of the high bid), payable to the trust account of the attorney handling the sale of that property. One of the collection tools used for these efforts is the employment of private attorneys to commence formal foreclosure proceedings under North Carolina General Statutes 105-374 against real property on which there are delinquent unpaid property taxes, delinquent … This report of sale will give the name, address and phone number of the high bidder at the sale, the property sold, and the high bid for the property at the sale. The process is the same when upset bids are received, except that the final high bidder after upset bids are completed is notified to bring in the purchase price of the final high upset bid. Title will be delivered by a non-warranty commissioner’s deed. View North Carolina Department of Revenue frequently asked questions about tax warrants including link to local county service centers. Borrowers will generally need to begin loan modification or other loss mitigation processes as early as possible to ensure time for processing. In most cases, the bidding process occurs at the County Courthouse. The City of Durham Collector of Revenue sends out bills and other collection letters. North Carolina is a power of sale foreclosure jurisdiction. A foreclosure by civil action is filed in either district or superior court depending on the value of the real property subject to foreclosure. What does the City of Durham Finance Department do with delinquent city liens and/or special improvement assessment bills? Borrowers may consult an attorney licensed in North Carolina about their legal options during this period. Reinhardt Law Offices, PLLC, dba Reinhardt Closing and Property Law Services, is one of three firms employed by the Tax Office to carry out these foreclosure proceedings for taxes, and has also been employed by the City of Durham to carry out foreclosure proceedings for city liens and special assessments. If no one bids, then the sale is usually postponed to the next sale date to see if other bidders might come forward at a later time. The North Carolina foreclosure process can happen quickly if you have an expensive or high priced home. In North Carolina, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. Out-of-court proceedings are most common. North Carolina does not sell Tax Liens or Tax Certificates over the counter. This means anyone can upset your bid by filing an upset bid at the clerk’s office 1. See the Lawsuits Help Topic for more information on civil cases. The “minimum bid” will have been advertised both at the Tax Office, the Tax Office website, the Commissioner’s website, and, for sales handled by our office, our website (see links to all at top of this page). This report displays county-level and statewide counts of foreclosures filings by calendar year. Any bidder at either public sale or upset bid who doesn’t bring in the purchase price upon demand by the attorney will be subject to immediate loss of all deposits, as well as civil and/or contempt prosecution for failure to make the bid. The attorney will then prepare a complaint listing the City and County of Durham as the Plaintiffs (complaining parties), or the City of Durham as sole plaintiff in a lien and/or assessment foreclosure case. In North Carolina, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. A change in the law was made in the summer of 2006, which provides that, for taxes which become delinquent on or after January, 2007, and only for the purpose of collecting those delinquent taxes, the listing taxpayer will be the record owner of the property at the date the taxes became delinquent. You can find information on scams involving foreclosure assistance from the. Assistance may also be available to borrowers from the North Carolina Foreclosure Prevention Fund using the link provided on the Housing website. Once the City Council confirms the assessment, a final bill is then issued, which is usually scheduled to be paid by the taxpayer over an installment period of several years. Most times, this listing is automatic, but if there have been improvements or changes in the property, these must be reported by state law to the Tax Office with the listing forms in January. At some point after the assignment, the attorney will start a title search of the property to determine as a matter of public record all of the owners, mortgage holders, judgment and lien holders, and other interested parties required by state law. To prevent the foreclosure process, the delinquent taxes, including interest and costs, may be paid before the judgment is docketed or at any time thereafter, as allowed by law. He will also explain that all sales are “where-is, as-is,” no warranties and no representations of any kind. Currently, Harnett C ounty primarily uses the Foreclosure Method although it will occasionally utilize the In Rem Method. If a taxpayer/.owner elects to pay the taxes, liens or assessments directly to the taxing authority, the taxing authority is required to accept the payments, but the taxpayer/owner is still required to pay all fees and costs of the action in order to fully terminate foreclosure proceedings. Auction held on the courthouse steps. In North Carolina, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. In a special proceeding, the hearing is before the clerk of superior court or an assistant clerk of superior court. A lawsuit is filed to obtain a court order of foreclosure, and the foreclosure sale process is directed by the court. Can the tax, city lien or assessment foreclosure sale be stopped or redeemed from sale? The sale is conducted by a Commissioner appointed by the Court, currently Mr. R. Douglas Davis. Real property can be used as collateral to secure payment of the debt. We also provide rent to own homes, short sales homes and preforeclosures in North Carolina (NC) along with bankruptcy homes and government HUD foreclosure listings. If the bond is not paid, a judge can still hear the appeal, but the trustee can proceed with a foreclosure sale before a judge decides the appeal. that is (i) in possession of a note that is (ii) payable to bearer, indorsed in blank, or payable to an identifiable person that is the person in possession. If either the lender or the borrower appeals the clerk of superior court’s decision, there will be a new hearing before a district or superior court judge, who will decide whether the trustee or substitute trustee is entitled to proceed with the foreclosure. By law, if the appealing party occupies the property as a principal residence, the default bond is 1% of the principal balance due on the note, but the amount of the bond is ultimately within the clerk’s discretion. Though, North Carolina nonjudicial foreclosures usually involve one court hearing (see below). During this lag time quite often additional taxes on the property will be levied or become delinquent. Although the county or municipal government will try to gain as much as they can from the sale of the property, most tax foreclosure sales sell at a lower price point than market value. Search through all foreclosures in North Carolina. Each party that is served is clearly informed by the summons that written answer, if any, must be filed with the Court within 30 days from the date the papers were served on the party. Remember that, subject to upset bid requirements, all sales are final, absolute, and unconditional - there is no “closing,” settlement statement, financing contingency or any other contingencies. Once the balance of the purchase price is paid by the bidder (or upset bidder), then the foreclosing attorney will secure a confirmation order from the court, and record the deed to the new purchaser. In North Carolina, foreclosure under a power of sale must be preceded by a pre-sale hearing before the clerk of the court in the county where the property is located. Under G.S. The Defendants will be all of those parties found by the record title search to be interested parties in the real estate (owners, mortgage holders, etc.) Borrowers who have missed a mortgage payment or expect to miss a mortgage payment because of financial difficulties should contact their mortgage company or servicer. This means that a borrower may argue, for instance, that the mortgage company lacks the authority to foreclose because the deed of trust does not secure the note or that the borrower is not actually in default. Sometimes the Tax Office will set up a payment plan with a taxpayer, but the Tax Office is not required to do so, and can terminate payment plans at any time. A foreclosure is a method of enforcing payment of a debt secured by a mortgage, deed of trust, or lien on real property by selling the real property and applying the proceeds of the sale to satisfy the debt. The trustee (or lender) is required to give notice of the pre-sale hearing (usually via a mailed form letter) to all interested parties not less than 10 days prior to the date of the pre-sale hearing. The tax liens on real property in North Carolina are subject to foreclosure in a manner similar to bank foreclosures. No. It is clear for any foreclosure in North Carolina to proceed in the near future it will require careful analysis as to why the restrictions imposed by the order of the Chief Justice and the federal moratorium do not apply. Once the work is complete, an assessment bill is calculated based on the linear footage of the taxpayer’s property next to the improvement. The Tax Department takes tax foreclosures very seriously. Return to Top. The procedure for a sale in a foreclosure by civil action is contained in Article 29A in Chapter 1 of the North Carolina General Statutes. You can view a listing of, The NC Foreclosure Prevention Fund, managed by the North Carolina Housing Finance Agency, provides financial assistance to some homeowners who are having temporary difficulty paying their mortgages. North Carolina taxpayers are choosing a faster, more convenient way to file their State and Federal individual income tax returns by electronically filing. This process is called foreclosure by action. The purpose of the upset bid is to allow all interested bidders, including those who might not have been at the sale, to increase the bid amount by filing an upset bid with the Clerk of Court. Everyone who owns real property in Durham County is required to list this property as of the first day of January of each year. What if the taxpayer sells the real property after January 1, and what if a bill is not received by the new owner? The complaint will be filed in either Durham District or Durham Superior Court (depending on the amount of taxes and/or assessments owed). Lien Priority in North Carolina North Carolina is a “pure race” jurisdiction, meaning that the person first in time to record a deed to, or a lien against, a parcel of real property generally has priority against all subsequent grantees or lien holders. Representing municipal and county governments tasked with managing the sale of foreclosed homes due to delinquent taxes is one of the main focuses of our firm. The deed will be recorded in the county register of deeds office. Each new upset bid starts a new round of bidding, and another 10-day period begins to run from the date of the most recent upset bid. All sales are conducted by RKS Law Firm and McGeachy, Hudson & Zuravel Law Firm on the front steps of the Hoke County Courthouse at 304 North Main Street, Raeford North Carolina. In Rem Foreclosure Process How In Rem Tax Foreclosures Work. For example, if a property sold at public auction for $10,000, then the minimum bid amount would be $750 (5% would be $500, the minimum is $750). Courtesy letter sent asking taxpayer to contact our Delinquent Tax Foreclosure Officer to prevent foreclosure. HUD-approved housing counseling agencies may be able to provide assistance or work with a mortgage company to obtain a loan modification. A tax lien may be foreclosed by civil action pursuant to North Carolina General Statute §105-374. Assistance may also be available to borrowers from the North Carolina Foreclosure Prevention Fund using the link provided on the Housing website. Foreclosure Rockingham County Tax Administration is aggressively pursuing the collection of delinquent real and personal property taxes. A tax foreclosure can begin at any … PROCEEDINGS ON REAL PROPERTY . A beneficiary under a deed of trust may substitute one trustee for another by recording a document substituting the trustee with the county Register of Deeds. Judicial Branch offices and courts are closed December 24, 25, and 28 in observance of the Christmas holiday. North Carolina is a title theory state, in which the title to the property remains in trust until the entire loan is paid. If a non-owner pays the taxes, in no way does it convey rights to the property to that person. If a bidder does not honor the bid (or upset bid) by paying in the balance of the additional funds, then that bidder is in default, the bid deposit (or upset bid deposit) will be held pending further orders of the court, and the property will be placed for resale. Possibly. After that, the sale stands open for 10 days for possible increased upset bids. The procedure for power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes. A power of sale foreclosure is a contractual right under the terms of a deed of trust which gives the trustee the power to sell the real property on behalf of the lender if the borrower defaults. (N.C. Gen. Stat. An in rem foreclosure is a method of foreclosing a tax lien pursuant to North Carolina General Statute §105-375. How many years do property taxes have to be in arrears before the County begins the foreclosure process? If the case is appealed, it will be heard by a judge. The “minimum bid” is a starting point, and most properties usually sell for a sum in excess of the “minimum bid.”  NOTE:  To the extent a final unredeemed sale is completed and confirmed with a sales price higher than the minimum bid, the excess is deemed surplus funds, which are deposited with the Clerk of Superior Court of Durham County. A power of sale foreclosure may not proceed unless authorized by a court after a hearing. 45-21.33A sets forth the effect of foreclosure on a preexisting tenancy. Tax Sale Secrets 7,419 views. The minimum bid is 5% of the reported sales price, or a minimum of $750, whichever is higher. The property tax in North Carolina is a locally assessed tax, collected by the counties. You selected North Carolina foreclosures.Now select the county in which you want to look for a property. Anyone present at auction may bid the minimum amount or any higher amount. Both judicial and non-judicial processes are followed in North Carolina. Yes. An association may also choose to foreclose a claim of lien through the foreclosure by civil action process. Reinhardt Law Offices, PLLC, also dbaReinhardt Closing and Property Law ServicesNorth Carolina State Bar Certified Specialist in Real Property Law, 3805 University Drive, Suite E, Durham, NC 27707                                     919-687-4050, Link to Sale Page for tax and lien foreclosure sales being handled by Reinhardt Law OfficesLink to Tax and Lien Foreclosure Website of Commissioner R. 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