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Statement Regarding Tax Foreclosures
Before foreclosing on a property we pursue every method available to us as collectors, including payment plans, wage garnishments, bank garnishments, and rent attachments. We give the owner ample opportunity to keep their property from being foreclosed upon; this is neither a decision we take lightly nor one we enter into hastily. We exhaust all possible options before we make the decision of whether or not to foreclose. We want to help people keep their property, but when the delinquent taxpayer fails to pay their taxes we realize that it is not fair to diligent taxpayers. Property tax dollars are used for funding fire departments, local parks, libraries, restaurant inspections, police officers, and a myriad of other public services we all use on a daily basis, so we take nonpayment of taxes very seriously. For more information about the Rutherford County budget and the services funded by your property taxes, visit http://rutherfordcountync.gov/finance/budgetinformation  

General Information Regarding Tax Foreclosures


Foreclosure Methods: We use two methods for foreclosure action; In-Rem Foreclosure is handled in our office by the paralegal and Mortgage Style Foreclosure is handled by an outside attorney. NCGS 105-375 addresses our ability to use the in-rem method of foreclosure as well as the steps involved in the process. NCGS 105-374 addresses our ability to use the mortgage style of foreclosure as well as the steps involved in that process. This particular style is similar to how a bank foreclosure is handled.


Notice of Sale: All foreclosure sales are advertised before the sale date in a newspaper of general circulation in the county, which meets our statutory requirement to advertise in NCGS 105-369(c). Sales will be advertised in the Daily Courier for two consecutive weeks before the sale. We also post this information on our county website as an added step to notify delinquent taxpayers as well as inform interested bidders. Sale information can also be found in the Rutherford County Clerk of Court.


Location of Sale: Foreclosure sales are conducted on the courthouse steps by public auction at 229 N. Main St Rutherfordton, NC 28139.


Bidding On An Auctioned Property: The estimated opening bid will be set prior to the sale date and is the approximate amount required for the opening bid. We cannot accept less than the amount of taxes and costs incurred. The high bidder will deposit 50% of the high bid or $750, whichever is greater, with the Rutherford County Clerk of Court. Accepted forms of payment are cash or certified check. No personal checks will be accepted. The Deputy Sheriff conducting the sale may allow a reasonable amount of time to go to the bank to obtain funds. 


Upset Bid Process: Once a high bid is on record with the Rutherford County Clerk of Court there is a 10 day period in which a person can upset the high bid. They must put down 5% of the high bid or $750, whichever is greater. Again, the only accepted forms of payment are cash or certified check.  Each time the high bid is upset, a new 10 day period begins. Once the bid has not been upset for 10 days the high bidder will be notified and the remainder of the bid will need to be paid to the clerk’s office.


NOTE: THIS IS A BUYER BEWARE SALE. RUTHERFORD COUNTY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND ABOUT THE PROPERTY OR THE STATUS OF THE TITLE BEING DELIVERED. UNDER STATE LAW, IT IS UP TO EACH BIDDER TO CAREFULLY CHECK OUT THE TITLE AND STATUS OF THE PROPERTY BEING SOLD BEFORE PLACING EITHER A PUBLIC SALE BID OR AN UPSET BID.


Common Questions Regarding In-Rem Foreclosures


Does the 10 day upset bid process include weekends and holidays? The day the foreclosure sale is conducted counts as day 1. Saturday and Sunday are also counted. However, if day 10 falls on the weekend or a holiday, the next working day will be counted as day 10.


What if the High Bidder Doesn’t Pay? In this case the high bidder will forfeit any funds deposited with the clerk; possible civil action may be initiated, as well as prosecution for contempt for failure to honor the bid.


How will I know if I am outbid? Notice of upset bids will be mailed by first class mail in accordance with NCGS 1-339-64; however, we advise you to check the status of current bids regularly at the Rutherford County Clerk of Court office during the upset bid process.


What happens to property when no one raises the County’s opening bid at a foreclosure sale? If no initial or upset bid is submitted on foreclosure property, Rutherford County will be confirmed as the winning bidder on the property by the Clerk of Court, and such property may become surplus property to be sold at a later date.


Can the Tax Foreclosure Be Stopped? Yes, if the taxpayer pays all of the outstanding taxes and costs before the end of the upset bid period, they can redeem their property. We do not accept payment arrangements this late in the proceedings. As long as the taxes and fees are paid in full we will file a cancellation of judgment and the foreclosure proceedings will cease. If they fail to pay taxes and costs, and the upset bid period has ended, they lose all rights to the property and the high bidder is now the owner.


Can I Pay The Taxes Due and Acquire The Property? No. We do not sell tax liens or tax certificates. Properties that are sold on the courthouse steps must go through all of the steps included in a foreclosure action. There are NO exceptions.


Do I Have To Wait A Year Before I Transfer or Renovate The Property? No, once the high bidder pays the high bid amount we will transfer the property into their name and they will receive a Sheriff’s Deed to the property.


What kind of deed will I receive? You will receive a Non-Warranty Sheriff’s Deed, and in accordance with NCGS 105-375, “The purchaser at the execution sale shall acquire title to the property in fee simple free and clear of all claims, rights, interests, and liens except the liens of other taxes or special assessments not paid from the purchase price and not included in the judgment.”


How often do you have sales? Rutherford County has sales throughout the year. Properties for sale are advertised in the Daily Courier two weeks consecutively prior to the sale. Notices of sale are also posted in the Rutherford County Clerk of Court’s office 20 days prior to the sale.


State and Federal Tax Links


• Internal Revenue Service (IRS) http://www.irs.gov/
• North Carolina Department of Revenue http://www.dor.state.nc.us
• Starting a Business in NC http://blnc.gov/start-your-business
This takes you to the Business License Information Office of North Carolina. This website answers many questions asked by new business owners.
• Business License Information Office http://blnc.gov
• North Carolina Tax Publications and Reports http://www.dor.state.nc.us
This website has reports and publications pertinent to both companies, businesses, and private individuals from the North Carolina Department of Revenue.

 

Please read the information provided on the In Rem Foreclosure Process link for further information:  http://www.rutherfordcountync.gov/Departments/tax/inremforeclosureprocess

 

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PROPERTY FOR AUCTION
SALE DATE: NOVEMBER 15, 2017
PARCEL: 09-08820  5.76 ACRES
ADDRESS: 904 HIGH SHOALS CHURCH RD MOORESBORO, NC 28114
WINNING BID: $15,960
NEXT UPSET BID AMT: $16,758
LAST DAY TO UPSET BID: 12/18/17

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PROPERTY FOR SALE
SALE DATE: JANUARY 16, 2018
PARCEL: 10-11779; 1 ACRE
ADDRESS: MACKEY FREEMAN RD RUTHERFORDTON, NC 28114
ESTIMATED OPENING BID: $1,825.13