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How Does In Rem Tax Foreclosure Work?

 

N.C.G.S. 105-375

 

1. Property is assigned to the Tax Collection Specialist for foreclosure

 

2. Courtesy letter sent asking taxpayer to contact our Tax Collection Specialist to prevent foreclosure

 

3. Tax Collection Specialist works with taxpayer to collect taxes or failure to respond results in moving forward with foreclosure action

 

4. Tax Collection Specialist completes title search

 

5. Tax Collection Specialist visits the property/posts Notice of Docketing Tax Foreclosure Judgment

 

6. Certified Letter mailed to owner(s), lienholders, judgment creditors and any persons who may have an interest

 

7. All parcels with unclaimed letters will have a Notice of Docketing Judgment advertised in The Daily Courier

 

8. Judgment for Delinquent Taxes is docketed with the Rutherford County Clerk of Court’s Office

 

9. 90 days after docketing, a Request of Execution is filed with the Rutherford County Clerk of Court

 

10. Order of Execution is signed by the Clerk of Court and the case is turned over to the Sheriff

 

11. A sale date is scheduled

 

12. Notice of Sale mailed to owner(s), lienholders, judgment creditors and any persons who may have an interest

 

13. Notice of Sale is posted at the Rutherford County Courthouse and outside the tax collections door.

 

14. Sheriff posts a Notice of Sale at the property

 

15. Notice of Sale advertised in The Daily Courier

 

16. Ad placed at www.rutherfordcountync.gov website, under tax foreclosure link

 

17. Revenue Department prepares an opening bid for the taxes owed (this is a total of the taxes and foreclosure costs)

 

18. Auction held on the courthouse steps

 

19. Sheriff reads the Notice and opens the bidding for the minimum bid amount set by the tax office

 

20. Anyone present at auction may bid the minimum amount or any higher amount

 

21. The high bidder on the day of auction must make a deposit of $750 or 50% or the bid amount, whichever is higher (must be paid w/cash, certified funds, money order at the end of the sale)

 

22. Bidding is held open for 10 days for the filing of an upset bid with the Rutherford Co. Clerk of Court’s Office

 

23. All upset bids must raise the current bid by $750 or 5%, whichever is greater

 

24. It is the high bidders responsibility to keep check on the status of his/her bid with the Rutherford Co. Clerk of Courts Office

 

25. The Sheriff will mail out a Notice of Upset Bid and/or call number requested, but due to USPS you may not receive said notice before the expiration of upset bidding

 

26. If your bid is upset you can request a refund of your deposit or you can raise the most current bid

 

27. Each time a new bid is placed, the upset bidding phase is extended for 10 more days

 

28. At the end of 10 consecutive days w/no upset bidding, the Sheriff will request the clerk to sign an Order of Confirmation

 

29. The balance of the bid is due within 10 days to the Sheriff

 

30. Once funds are collected in full, the Sheriff will prepare a Sheriff’s Deed to the high bidder, it will be recorded in the Rutherford Co. Register of Deeds Office and the original deed will be forwarded to the new owner after the recording process is complete

 

31. Upon full payment of funds and the recordation of the Sheriff’s Deed, the Tax Collection Specialist will file a Cancellation of Judgment to close the case.

 

 

 

Direct all inquires to the Tax Collection Specialist, Jennifer Whiteley at 828-287-6181 or jennifer.whiteley@rutherfordcountync.gov