Surplus Funds Q&A Series

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Surplus Funds Q&A Series ·

Do I have to pay additional costs or fees if the process takes longer because co-claimants are missing?: North Carolina surplus funds

Do I have to pay additional costs or fees if the process takes longer because co-claimants are missing? – North Carolina Short Answer In North Carolina, your contingency fee percentage typically does not increase just because the surplus-funds case takes longer. However, extra costs can arise if co-claimants are missing—think sheriff service, certified mail, skip-tracing,…

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Surplus Funds Q&A Series ·

Can I sign an engagement agreement to recover surplus funds without consent from every co-claimant?: North Carolina

Can I sign an engagement agreement to recover surplus funds without consent from every co-claimant? – North Carolina Short Answer Yes. In North Carolina, you may hire a lawyer to pursue your own claim to foreclosure surplus funds without getting consent from every co-claimant. Your attorney can represent you alone, but the Clerk of Superior…

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Surplus Funds Q&A Series ·

What documents do I need to prove my inheritance rights to surplus proceeds?: Clear, North Carolina-specific guidance for heirs

What documents do I need to prove my inheritance rights to surplus proceeds? – North Carolina Short Answer In North Carolina, heirs claiming foreclosure surplus must file a motion in the foreclosure case with proof of ownership and heirship. Expect to provide a certified death certificate, evidence the deceased owned the property at death, an…

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Surplus Funds Q&A Series ·

Understanding Complexity in Surplus Funds Recovery Cases in North Carolina

Understanding Complexity in Surplus Funds Recovery Cases in North Carolina Detailed Answer When a foreclosure sale in North Carolina brings in more money than the debt owed, the extra amount becomes “surplus funds.” Recovering those funds can seem straightforward at first. However, multiple legal requirements often make the process complex. Under North Carolina law, the…

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Attorney Jared Pierce
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