What happens after the filing of the tax foreclosure complaint?
As noted above, each defendant has 30 days to file a written answer to the complaint if they wish. Depending upon service on the parties and any answers filed, the attorney conducting the foreclosure will eventually move for a judgment of sale. Once a judgment of sale is entered, the property is scheduled for sale at the Durham County Judicial Building. Sales usually occur once a month. Notices of sale are published in the newspaper once a week for two weeks, posted at the Courthouse for at least 20 days, as well as being posted on the Durham County Tax Administration Website. The sale is conducted by a Commissioner appointed by the Court, usually Mr. R. Douglas Davis. At the sale, the highest successful bidder puts up a 10% cash/certified check deposit with the attorney, and the sale is reported to the Clerk of Court. After that, the sale stands open for 10 days for possible increased upset bids. Upset bids are calculated and received by the Clerk of Court for each property. If no ups
As noted above, each defendant has 30 days to file a written answer to the complaint if they wish. Depending upon service on the parties and any answers filed, the attorney conducting the foreclosure will eventually move for a judgment of sale. Once a judgment of sale is entered, the property is scheduled for sale at the Union County Judicial Center in Monroe. Sales are scheduled on an as needed basis. Notices of sale are published in the Union Observer section of the Charlotte Observer once a week for two weeks, posted at the Courthouse for at least 20 days, as well as being posted on the Union County Tax Administration Website. The sale is conducted by a Commissioner appointed by the Court, usually Mr. Donald C. Perry. At the sale, the highest successful bidder puts up a 5% or $750.00 (whichever is greater) cash or certified check deposit with the attorney, and the sale is reported to the Clerk of Court. After that, the sale stands open for 10 days for possible increased upset bids.
