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Tuesday, February 09, 2010

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Frequently Asked Questions

Foreclosures


May I purchase tax lien certificates from the Tax Collector's Office?
What is the difference between Foreclosure Sales, County Auction, and Surplus Property?
Are these properties involved in mortgage company, city, or sheriff's office foreclosures.?
How do I acquire a list of properties and sale dates?
Where are sales conducted?
On what days are the sales held?
How much is required as a deposit on the day of the sale?
Will Forsyth County accept written or telephone bids?
What type of payment is accepted for the deposit?
Does Forsyth County offer financing?
Will I be paid interest on my deposit if I am not the highest bidder?
What happens to property when no one raises the County's opening bid at a foreclosure sale?
What happens to property when no one offers a bid for County auction property?
Where do I go to place an upset bid?
What is the required minimum for an upset bid?
Does the 10-day upset bid period include weekends?
How do I find out if the 10-day upset period has closed out?
When is full / final payment expected?
What kind of deed will I receive if I am the final bidder at tax sale?

Q

May I purchase tax lien certificates from the Tax Collector's Office?

A

North Carolina State law prohibits the selling of property tax liens.

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Q

What is the difference between Foreclosure Sales, County Auction, and Surplus Property?

A

Phase 1: Foreclosure Sales are properties sold due to delinquent tax liens.  The County opens bidding at the amount equal to taxes plus legal costs.  Anyone may offer an amount over the County's bid and obtain ownership upon completion of a 10 day upset bid period.

Phase 2: County Auction parcels have already completed the tax foreclosure phase and the property is currently deeded in the County's name.  These parcels will be offered at auction.  If no one offers a bid at this auction, these properties move into the surplus property category (see below).

Phase 3: Surplus Properties are parcels that have completed both the tax foreclosure sale and the County Auction process without a bid.  These parcels may be purchased directly from the County by submitting a written offer, or by completing the "form for bid" located on the Surplus Properties Page.

 These properties are not to be confused with properties held by the County for its own use.

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Q

Are these properties involved in mortgage company, city, or sheriff's office foreclosures.?

A

These sales are generated from delinquent tax liens ONLY.  They are NOT related to any mortgage company, city, or sheriff's office foreclosures.  The Tax Administration Office has no knowledge of foreclosure proceedings being conducted by a mortgage company, city or sheriff's office.

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Q

How do I acquire a list of properties and sale dates?

A

The Tax Office does not maintain or provide a mailing list of these properties.
When foreclosure properties are ready, the sale dates are posted on the Foreclosures Page; on the 2nd floor bulletin board in the Hall of Justice (Second & Main Streets, Winston-Salem); in the Forsyth County Government Center (1st Floor atrium); and, in the Winston-Salem Journal for three weeks prior to sale.

County auction properties, awaiting or assigned an auction date, will be listed on the County Auction Page.  Prior to the auction, sale notice will be published in the Winston-Salem Journal, legal classifieds section; and in the 1st Floor atrium of the Forsyth County Government Center.

Surplus properties may be viewed on the Surplus Properties Page.

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Q

Where are sales conducted?

A

Foreclosure Sales are held on the 2nd floor of the Hall of Justice, Second and Main Streets, Winston-Salem, N.C.

County Auctions are conducted in the 1st Floor atrium of the Forsyth County Government Center, 201 N. Chestnut Street, Winston-Salem, NC.

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Q

On what days are the sales held?

A

Sale dates for both foreclosure sales and county auctions are randomly selected and occur at 12:00 noon.

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Q

How much is required as a deposit on the day of the sale?

A

Foreclosure Sales require a 5% - 20% of the highest bid (as set out in the Notice of Sale).

County Auctions require a 5% deposit.

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Q

Will Forsyth County accept written or telephone bids?

A

Only bids from auction attendees at the foreclosure sale or County auction will be accepted.

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Q

What type of payment is accepted for the deposit?

A

Cash, money orders or ceritifed funds are accepted for deposits.

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Q

Does Forsyth County offer financing?

A

Forsyth County does not offer financing.

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Q

Will I be paid interest on my deposit if I am not the highest bidder?

A

No earned interest is paid for funds on deposit.

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Q

What happens to property when no one raises the County's opening bid at a foreclosure sale?

A

If no initial or upset bid is submitted on a foreclosure property, County-purchased properties move into County auction status and will be made available for purchase at auction.  Sale dates will be chosen randomly but advertised on the website; in the Winston-Salem Journal; and posted in the 1st Floor atrium, Forsyth County Government Center.

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Q

What happens to property when no one offers a bid for County auction property?

A

The property moves into surplus property status, and may be purchased directly from the County by completing and submitting the “offer to purchase” form—available on the Surplus Property Page.

The offer must be mailed to ATTN: Kay Bare, Forsyth County Tax Collector’s Office, PO Box 82, Winston-Salem, NC 27102-0082.

Offers may also be deposited in the Tax Collector’s Office drop box (to the right of the entrance to the parking deck), or dropped off with a cashier.

The offer will be reviewed by the County Board of Commissioners; and, if accepted, is subject to a 10-day upset bid.

You will receive notification of the status of your offer by either the County Manager’s or the County Attorney’s Office. (See question: How do I find out if the 10-day upset period has closed out?)

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Q

Where do I go to place an upset bid?

A

Foreclosure sale upset bids must be submitted in person at the Clerk of Court’s Office, Room #245, Hall of Justice, Second and Main Streets, Winston-Salem, N.C. The court case number must be provided to the Clerk's Office in order for the clerk to access the record. That number is available on the Property Tax Foreclosure Sales site.

County auction sales are FINAL AND NOT subject to upset bids

Surplus property offers must be submitted to and agreed upon by the Board of Commissioners, and will then be subject to a 10-day upset bid period. Accepted offers will be advertised in the Winston-Salem Journal and subject to a 10-day upset bid. To submit an upset bid on Surplus Properties ONLY, contact the County Manager’s Office at (336)703-2020.

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Q

What is the required minimum for an upset bid?

A

Foreclosure upset bids require a 5% increase over the last bid, with a minimum increase of $750.

County auction sales are final and NOT SUBJECT TO UPSET BIDS.

Surplus property upset bids must be increased by 10% of first $1,000 and 5% of the balance of the most current bid.

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Q

Does the 10-day upset bid period include weekends?

A

The day after the foreclosure sale is recorded 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 shall be counted as Day 10.

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Q

How do I find out if the 10-day upset period has closed out?

A

Inquiries regarding "close out" status of foreclosure sales ONLY, must be made in person at the Clerk of Court's Office, Room 245, Hall of Justice, Second and Main Streets, Winston-Salem, N.C.

Again, County auction sales are not subject to upset bids.
 
For Surplus properties ONLY, contact the County Manager’s office at (336)703-2020 to inquire if the upset bid period has closed.

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Q

When is full / final payment expected?

A

Final payment on a foreclosure sale shall be due in the foreclosure attorney’s office upon delivery of the Commissioner’s deed and no later than 30 days after completion of the 10-day upset bid period.

Final payment on County auction properties will be due in the County Manager’s Office within 10 days after the Board of Commissioners confirmation and approval of the bid.

Final payment on County surplus properties must be made within 10 days of completion of the 10-day upset bid period.

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Q

What kind of deed will I receive if I am the final bidder at tax sale?

A

For foreclosure sales, a Commissioner's Deed will be issued.
Unless otherwise stated in the Notice of Sale, all other liens with the exception of current year taxes, if applicable, will be eliminated when the Commissioner's Deed has been issued and recorded.

A quitclaim deed will be issued for County auction and surplus properties.

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Contact Information

Tax Administration
201 North Chestnut Street
Winston-Salem, NC 27101

Assessor
P.O. Box 757
Winston-Salem, NC 27102
(336) 703-2300
(336) 727-2369 FAX

Collector
P.O. Box 82
Winston-Salem, NC 27102
(336) 703-2300
(336) 748-3000 FAX


Office Hours
8:00 - 5:00
Monday - Friday

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