Mortgage foreclosure surplus

N.C. Gen. Stat. § 45-21.31 directly governs power-of-sale foreclosure proceeds and surplus: the seller pays known entitled persons or deposits disputed/unlocatable surplus with the superior court clerk; § 45-21.32 governs disputed claims. Sections 45-21.31–32 set no general fixed owner-claim cutoff. Apply to the trustee or clerk promptly. The 10-day upset-bid period concerns sale finality, not a deadline to claim money.

Tax sale surplus

N.C. Gen. Stat. § 105-374(q) governs surplus from judicial tax-lien foreclosure; the balance after statutory payments is paid as the court directs or deposited in court. Section 105-375 provides an alternative in rem tax foreclosure route. Section 105-374(q) sets no fixed initial cash-surplus claim cutoff; if claims conflict, the clerk holds funds pending a special proceeding under § 1-339.71. Redemption before confirmation and the upset-bid period concern the land, not an already-created surplus.

Unclaimed funds

North Carolina Unclaimed Property Act, N.C. Gen. Stat. ch. 116B, art. 4; § 116B-67 governs claims to the State Treasurer. Section 116B-67 sets no fixed general initial owner-claim cutoff. Its 90-day decision and 30-day payment periods run after a claim is filed/allowed.

Fee and practice notes

A $1,000 cap on recovery fees is reported.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute