North Carolina surplus funds list
Unclaimed overages from tax deed and foreclosure sales.
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North Carolina surplus funds rules
- Sales that create surplus
- Non-judicial power-of-sale foreclosure under deed of trust (G.S. 45-21.1 et seq.); Judicial/in rem tax foreclosure (G.S. 105-374 / 105-375); HOA/condo lien foreclosure (power of sale under 47F/47C; Judicial sales / execution sales
- Who holds the money
- Clerk of superior court of the county where the sale was held (G.S. 45-21.31(b)-(d): payment to clerk discharges trustee). Tax-foreclosure surplus likewise paid into clerk's office.
- Unclaimed funds go to
- Clerk-held funds unclaimed are remitted to the NC Department of State Treasurer Unclaimed Property Program (G.S. ch. 116B; commonly cited as after 1 year) - period. 45-21.31(e) repealed eff. July 8, 2024. verify
- How owners claim
- File a special proceeding/petition before the clerk of superior court under G.S. 45-21.32 (name known claimants; contested facts transfer to Superior Court). Once remitted to Treasurer, file an unclaimed-property claim (NCCash). — deadline: No fixed statutory claim deadline while held by clerk; after transfer, claim with Treasurer indefinitely. verify
- Agent / finder fee cap
- G.S. 116B-78(b)(6): for agreements covering property held by the Treasurer, lesser of $1,000 or 20% of value recovered; for heir agreements under G.S. 28A-22-11 to recover estate share or surplus funds in a special proceeding, 20% cap (per FindLaw text current to 1/1/2023).
- Waiting period
- G.S. 116B-78(a2)(1): agreement void if made from date property became distributable through 24 months after it is paid/delivered to the Treasurer (attorney agreements to file a claim/special proceeding for identified property excepted). Whether this bars contracts on clerk-held foreclosure surplus before remittance is (2009 S.L. 2009-312 drafts referenced 'Treasurer or the clerk of superior court'). verify
- Registration
- Finders must register annually with the Treasurer and, since Jan 1, 2022, hold a NC private investigator license (G.S. 116B-78.1 / Private Protective Services Board) - secondary source, against statute text. verify
- Getting the list
- No statewide list. Search each county clerk of superior court's special-proceedings / estates & trusts or foreclosure files (eCourts / Odyssey portal 'Special Proceedings' case type, e.g., Mecklenburg, Wake). Many clerks provide a list of funds held on request (public records). Treasurer-held funds searchable at nccash.com.
Law: G.S. 45-21.31, 45-21.32, 105-374(q), 116B-78, 116B-78.1, 28A-22-11 · confirm details with the county; rules change.
Questions
Is there a free North Carolina surplus funds list?
Counties publish or provide lists on request; Surplus Funds HQ links to the official sources and is adding North Carolina lists.
Who gets surplus funds in North Carolina?
The former owner first (and lienholders in order of priority). The money is held by: Clerk of superior court of the county where the sale was held (G.S. 45-21.31(b)-(d): payment to clerk discharges trustee). Tax-foreclosure surplus likewise paid into clerk's office..
What is the recovery agent fee cap in North Carolina?
G.S. 116B-78(b)(6): for agreements covering property held by the Treasurer, lesser of $1,000 or 20% of value recovered; for heir agreements under G.S. 28A-22-11 to recover estate share or surplus funds in a special proceeding, 20% cap (per FindLaw text current to 1/1/2023).