David B. Craig : Attorney and Counselor at Law

FREQUENTLY ASKED QUESTIONS FOR BIDDERS

PLEASE BE ADVISED THAT DAVID B. CRAIG, ATTORNEY AT LAW, REPRESENTS THE COUNTY OF CUMBERLAND IN THE TAX FORECLOSURE MATTERS LISTED ON THIS WEBSITE.

FOR ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THE TAX FORECLOSURE ACTION ABOUT WHICH YOU ARE INQUIRING, PLEASE SEEK YOUR OWN LEGAL COUNSEL.

THIS PAGE HAS RECENTLY BEEN UPDATED AND SHOULD BE REVIEWED.

Q: What information can you give me about the property?

A: As Mr. Craig represents the County of Cumberland in the Tax Foreclosure actions, it would be a conflict of interest to release any information, such as our findings on the title search, to any bidders and/or defendants. The information listed on our website is the information we can release to the public. We do not have any keys to or pictures of the property. It is up to each bidder to carefully check out the title and status of the property being sold before placing either a bid at the public auction or an upset bid. IT IS A CRIMINAL OFFENSE TO TRESPASS ON THE PROPERTY; DO NOT DISTURB ANY OCCUPANT(S).

Q: Do you provide addresses?

A: No, we do NOT provide property addresses. For further information on any of the listed properties, you may visit the Tax Collectors website at

https://taxpwa.co.cumberland.nc.us/camapwa/ and/or https://www.cumberlandcountync.gov/departments/tax-group/tax.

Q: How often is your website updated?

A: Our website is usually updated on Tuesdays and Thursdays at around 4:00pm. Please do not rely solely on our website for current bid information. 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.

Q: Where do I get information about Surplus List?

A: We do not handle the surplus funds list. For more information, you may visit Cumberland County's website at https://www.cumberlandcountync.gov/departments/tax-group/tax/tax-bill-options/surplus_property_list. All questions regarding Surplus Properties should be directed to the County Attorney's Office located on the 5th floor of the Cumberland County Courthouse or you may call (910) 678-7762.

Q: Can I just pay someone's taxes in your office and acquire the property?

A: No. We do not sell tax liens or tax certificates. We cannot sell property prior to public auction to anyone. There are NO exceptions. Paying someone else's taxes does NOT give you any rights to the property.

Q: What is some basic information about Tax Foreclosure sales?

A: The first opportunity to bid on a property listed on our website for Tax Foreclosure sale is at the public auction on the date and time listed on our website. The opening bid amount includes delinquent taxes owed and Attorney fees and costs associated with the Tax Foreclosure action. If you are the high bidder at the public auction, a deposit of 20% or $750.00 (whichever is greater) will be required at the time of bidding, in certified funds (made payable to David B. Craig, Attorney at Law) or cash (must be exact amount, change will not be given). Since bidders may not have the exact amount of cash or certified funds with them, the high bidder is allowed a reasonable amount of time to obtain funds from the bank, usually no more than 20 minutes. There are no registration requirements to attend the sale. After the sale takes place, the ten-day upset bid period begins.

Q: Where are the sales held?

A: Sales are usually held on the front of the Courthouse steps. The Cumberland County, NC Courthouse is located at 117 Dick St, Fayetteville, NC 28301. Please check their website for current hours.

Q: Do I need to register to attend the sale?

A: No, you do not have to register for the sale.

Q: Do I have to be present to place a bid at the sale and/or to place an upset bid with the Clerk's office?

A: You (or an authorized representative) must be present in person to make a bid. No over the phone bidding, email bidding, etc. is allowed.

Q: When are the sales held?

A: Sales are held at any time during the month or year, but generally they are scheduled to occur at 12:00 noon on Tuesdays and Thursdays.

Q: What does filing an upset bid mean?

A: Filing an upset bid means placing a higher bid on the property. Tax Foreclosure sales require bids to be increased by at least 5% when filing an upset bid with the Clerk of Court's Office.

Q: Where do I go to place an upset bid?

A: To file an upset bid, visit the Clerk of Court's Office. The Clerk of Courts office accepts bids from 8:00am-5:00pm, Monday - Friday, excluding holidays. As a courtesy to the staff working in the Clerk's office, when placing an upset bid, please try to show up no later than 30 minutes prior to the close of business to allow time to for the appropriate paperwork to be completed. Please note that a deposit in the amount of 5% or $750.00 will be required at the time of filing an upset bid. A valid government issued ID may be required as well. The upset bid form can be printed from this link http://www.nccourts.org/Forms/Documents/1024.pdf or they can be found at the Clerk of Court's Office. The court file number (xx-CVD-xxxx) can be found on our website under the "Tax Foreclosure Sales" tab. PLEASE NOTE, it is imperative you fill out the upset bid form either typed or in legible handwriting, as this information is used for many reasons, such as to return your deposit back to you should your bid get upset, to send a request for funds letter should you become the high bidder, and/or to notify you of an upset bid.

Q: What is an upset bid period?

A: After the sale takes place, the 10-day upset bid period begins. Filing an upset bid means to place a bid higher than the last bid on the property. The upset bid period ends once no further bids have been raised for a full ten days.

Q: Does the 10-day upset bid period include weekends and holidays?

A: The day after the sale is conducted counts as Day 1. Saturdays, Sundays and/or holidays are counted; however, if Day 10 falls on the weekend or a holiday, the next business day shall be counted as Day 10.

Q: What happens after I place an upset bid?

A: There is a ten-day upset bid period that starts every time an upset bid is placed. The sale confirms to the high bidder once no further upset bids are placed for a full ten days.

Q: What happens to my deposit if someone upsets my bid?

A: Your deposit will be sent back to the person who is listed on the Report of Sale or Upset Bid sheet at the time you placed your bid. This will give you notification there has been an upset bid and allow you a chance to go to the Clerk's office to place an upset bid if you'd like. However, do not rely solely on getting a notification as you may miss out on placing an upset bid should there be a delay in the mail getting to you.

Q: What happens to the property when no one raises the County's opening bid at the Tax Foreclosure Sale?

A: If no initial or upset bid is submitted within the 10-day upset bid period on the Tax Foreclosure property, Cumberland County and/or the City of Fayetteville will be confirmed as the winning bidder and such property may be sold at a later date. All questions regarding Surplus Properties should be directed to the County Attorney's Office located on the 5th floor of the Cumberland County Courthouse or you may call (910) 678-7762.

Q: What happens when the sale is confirmed to me?

A: We will send the winning bidder a letter requesting the full bid amount with instructions on how to send funds to us. The letter will give the high bidder approximately 10-14 days from the date of the letter to have funds to our office.

Q: When is the full/final payment expected?

A: We allow about 14 days from the date you are confirmed as the highest winning bidder to bring in the full amount of the funds to our office. Our office is open for payment drop offs on Tuesdays and Thursdays only from 10:00am - 2:00pm. Payment must be sent directly to our office by certified check or money order made payable to David B. Craig, Attorney at Law, 1903 Bragg Blvd., Suite 4, Fayetteville, NC 28303, or you may also wire the balance to our Trust Account. Wiring instructions can be provided when requested. We will not accept any personal or business checks or cash.

Q: What happens if I cannot make the full/final payment?

A. We will file a motion and order to freeze your deposit and set aside the bids. A new sale date will be set, and we will re-advertise the sale in the newspaper. After the sale date is completed and the upset bid period has ended, we will file another motion and order to disburse your deposit on hold. The extra costs incurred due to your failure to make full payment will be paid to our office using your deposit on hold. YOU MAY NOT RECEIVE YOUR DEPOSIT BACK.

Q: What happens after I send the full bid amount requested from the winning bidder letter I received?

A: Our office will send a Commissioner's Deed along with a check for the recording costs and Revenue cost to the Register of Deed's Office transferring title to the winning bidder's name as written on the upset bid form filed with the Clerk of Court's Office.

Q: Are there any warranties on the property?

A: No warranty of any kind is being made about the property or the status of title being delivered. All properties are sold "as is, where is" and the successful bidder receives a Commissioner's Deed. Bidders are encouraged to research and to carefully check out the title and status of the property being sold before placing either a public sale bid or an upset bid. Any questions or concerns pertaining to the marketability of the title of the property are legal issues and should be addressed with your own legal counsel. IT IS A CRIMINAL OFFENSE TO TRESPASS ON THE PROPERTY; DO NOT DISTURB ANY OCCUPANT(S).

Q: Do you have keys?

A: We do not have keys.

Q: Do you know if the property is occupied or vacant?

A: We do not know if it is vacant or occupied.

Q: Does your office handle evictions?

A: We do not handle evictions.

Q: Can you give me an example of how this works?

A: In this example, the public auction is scheduled for Thursday, May 18, 2023 at 12:00 noon with a starting bid amount of $10,000.00. The County of Cumberland places the first bid to start the bidding. "Bidder A" and "Bidder B" increase the bid and go back and forth raising the bid until "Bidder A" stops, and "Bidder B" becomes the high bidder at $15,000.00. "Bidder B" is now required to place a deposit of 20% or $750.00 whichever is greater. In this example, "Bidder B's" deposit will be $3,000.00. Deposit must be provided to the agent holding the sale. Our website is updated to state "confirms on May 30, 2023". This is called the ten-day upset bid period. The actual tenth day would be Sunday, May 28, 2023. But because the tenth day falls on a weekend, it would push out to the next day, May 29, 2023; however, Monday, May 29, 2023 is a holiday, Memorial Day. So, it would push out the tenth day to bid until the next business day, Tuesday, May 30, 2023, a normal business working day. Therefore, in this example, bidders would have until 5:00pm on Tuesday, May 30, 2023 to place their upset bid. To further this example, "Bidder C" goes to the Clerk's office and places an upset bid on May 23, 2023. The Clerk's office automatically raises the bid by 5% each time someone places a bid. So "Bidder C" places a bid in the amount of $15,750.00. "Bidder C" places the required deposit amount of $787.50 (the Clerk's office requires a 5% or $750.00 deposit). The new upset bid period date changes to Friday, June 2, 2023. So bidders would now have until 5:00pm on June 2, 2023 to place an upset bid. "Bidder B's" deposit will be refunded since their bid was upset. If no one upsets "Bidder C's" bid placed in this example, it will confirm to "Bidder C" as the highest bidder (the winning bidder) on Monday, June 3, 2023. Our office would then mail a letter to "Bidder C" explaining that they are the winning bidder and the full bid amount of $15,750.00 would need to be mailed to us in certified funds, such as a money order or cashier's check or wired to us. Once "Bidder C" sends the full bid amount to our office, a letter will be sent to the Clerk's office releasing the deposit on hold, and a Commissioner's Deed will be recorded to "Bidder C". It is then "Bidder C's" responsibility to secure the property.

Q: After the property confirms, what happens to the extra money after paying the taxes and attorney fees and costs?

A: This is called surplus funds. Surplus funds are filed with the Clerk's office once all taxes, Assessments, if any, and fees and costs associated with the action is paid. Defendants listed in the action wishing to apply for the surplus funds should seek legal advice from an attorney who is familiar with applying for those funds on their behalf.

Q: Do you have a list of files that have surplus funds?

A: We do not have a list of files that have surplus funds available.