The following is information regarding the general process for conducting foreclosure sales and upset bids. This information is not intended as legal advice. As with any judicial proceeding, it is strongly recommended that you seek competent legal counsel to help you. 

Foreclosure cases commence when a Petition for Foreclosure is filed and set for hearing. If your property is being foreclosed upon, you will receive a Notice of Hearing in the mail with a hearing date. If your address cannot be located, your notice may be posted on the property under foreclosure. It is recommended that you consult with an attorney should you need legal advice. There are also several organizations that offer assistance as set forth under the Resources tab.

SALES

Foreclosure Sales: We do not maintain a list of upcoming foreclosure or judicial sales. 

For your convenience, all upcoming sales are posted on a bulletin board near the main entrance to the courthouse. You can also check the local newspapers for sale dates.

PROCEDURE OF SALE & FILING OF UPSET BIDS

A Notice of Sale assigns a date for the property to be sold at public auction. If you place a bid at the sale, you will submit your deposit to the Substitute Trustee (the person hosting the sale). 

After a property is sold at public auction on the courthouse steps, a Report of Sale is filed with the Clerk’s office in the appropriate file. For the ten (10) day period following the sale, any interested party may file an upset bid with our office. If the 10th day falls on a weekend or legal holiday when the courthouse is closed for transactions, then the period runs until the next day on which the Clerk’s office is open for business. 

To file an upset bid, the bid must be raised by either $750.00 or at least 5% (whichever is greater) and must be deposited with the Clerk’s office. The forms necessary to place your bid are provided below. We only accept CERTIFIED FUNDS for upset bids. 

Forms:

• AOC-SP-403 Notice of Upset Bid, Notice to Trustee or Mortgagee
• AOC-G-120 Certification of Identity and/or Notice of Deposit (must be sworn to and signed before the clerk) (only need to do this one time)

Once an upset bid is filed, a new (10) day upset period begins. If the bid runs for ten (10) days without getting upset, the property will be considered legally sold to the highest bidder. The Substitute Trustee will begin closing procedures once the bidding period closes. 

If the highest bidder defaults on their bid, they may jeopardize part or all of the deposit and a new sale process will begin. 

Each time an upset bid is filed, the Substitute Trustee is notified by our office via facsimile. It is the Substitute Trustee’s responsibility to notify you if your bid has been upset. 

The files that are currently in a period of upset bid are located in the Clerk’s office in the Special Proceedings Division. 

For more information about foreclosure proceedings, please contact an attorney.

RESOURCES

Additional resources to help aid you with Foreclosure issues. 

• Legal Aid of North Carolina
• State Home Foreclosure Prevention Project