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Cumberland County, NC

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Cumberland County, North Carolina — Tax Sale & Surplus Procedure

Local operations layer. The legal framework (redemption periods, surplus rights, statutes, case law) lives on the parent page → north-carolina. This page covers how Cumberland County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

  • County seat: Fayetteville · Population: 335,509 (2020 census) · Recording unit: county
  • Parent legal framework: north-carolina
  • FIPS: 37051

C1. Local Tax Sale

  • Conducts own sale? Yes — Cumberland County conducts its own tax foreclosure sales through retained outside foreclosure counsel (currently David B. Craig, Attorney and Counselor at Law, who has served the county for over 20 years per the county’s own RFP response).
  • Foreclosure method: Mortgage-style civil action under G.S. 105-374 — confirmed by the county’s 2026 RFP for legal services (RFP 26-1-TAX / 26-42-TAX), which explicitly cites G.S. 105-374 as the operative statute and describes the county using “mortgage-style tax foreclosures.” The county does not appear to use the in rem (G.S. 105-375) procedure as its primary method; in rem use is not confirmed from retrieved official sources.
  • Platform: No online auction platform. All sales are held in person at the front steps of the Cumberland County Courthouse, 117 Dick Street, Fayetteville, NC 28301. Source: search-engine excerpt citing the official county tax foreclosure page; direct fetch of the page returned 403.
  • Calendar / typical timing:
    • Sales are not pre-announced on a fixed calendar. Dates are assigned as individual foreclosure actions ripen and are authorized by the Tax Administrator.
    • Sales typically occur at 12:00 noon on Thursdays (reported timing from secondary aggregator citing the county’s own site; primary page returned 403 — flagged needs_verification).
    • Foreclosure hearings are conducted once per month by the courts (confirmed by the county’s direct response in RFP 26-1-TAX Q&A, retrieved 2026-06-02).
    • Assignment frequency: the Tax Administrator assigns delinquent accounts for foreclosure at least once per year (county RFP 26-42-TAX scope of services, retrieved 2026-06-02).
    • Upcoming sale listings: contact David B. Craig’s office at (910) 223-3768 or check davidbcraig.com (site connection unstable at time of research).
  • Demand-letter pre-foreclosure: the county’s selected counsel sends a 30-day demand letter to delinquent owners before filing; approximately 26% of accounts pay in full within 30 days of the demand letter (county RFP Q&A, 2026-06-02).
  • Registration / deposit:
    • No advance registration is required to attend the auction.
    • The high bidder must post a deposit of 20% or $750, whichever is greater, immediately at the sale. (Source: secondary aggregator excerpt from county foreclosure page; primary page returned 403 — flagged needs_verification. Note: the statewide default G.S. 1-339.25 deposit is 5$750; Cumberland County’s 20% figure is a local practice reported consistently by multiple sources and should be confirmed against the official page when accessible.)
    • Full payment is due within approximately 14 days of being confirmed as the successful bidder; payment must be in certified funds or cash.
  • Upset bid period: 10-day upset-bid window after the sale, consistent with G.S. 1-339.25. Each upset bid must exceed the prior bid by at least 5%. Upset bids are filed at the Clerk of Superior Court’s Special Proceedings Desk, Cumberland County Courthouse. (Source: secondary aggregator citing the county site.)
  • Bidder requirements: must be present or have an agent present; no online, phone, or email bidding. Photo ID recommended. (Source: county-attorney search summary.)
  • Delinquent list location: Cumberland County Tax Administration publishes a delinquent tax list. The county has periodically published it as a classified newspaper insert (e.g., the 2016 Delinquent Taxes PDF at cumberlandcountync.gov/CustomContent/tax/downloads/2016/Delinquent_Taxes__2016.pdf). Current delinquent account information is available through the Tax Administration office at (910) 678-7507 or via the online parcel search at https://taxpwa.co.cumberland.nc.us/publicwebaccess/ (search by owner/parcel to see outstanding bills). A dedicated current delinquent list URL was not retrieved.

C2. Local Redemption → framework: right-of-redemption

  • No post-sale statutory redemption. Under G.S. 105-374, once the upset-bid period closes and the sale is confirmed, there is no right to redeem. The only window is pre-confirmation (paying the taxes before the sale is confirmed stops the foreclosure). See north-carolina § 2.
  • Where/how to redeem (pre-confirmation): pay the full delinquent tax balance (taxes + interest + penalties + costs) to the Cumberland County Tax Administration, 117 Dick Street, Room 530, Fayetteville, NC 28301, (910) 678-7507, before the sale is confirmed.
  • Local fees: the redemption amount includes all taxes, accrued interest (2% initial + 0.75%/month per G.S. 105-360), penalties, and attorney/court costs accumulated through discontinuance — consistent with G.S. 105-374(e). No Cumberland-specific surcharge found.
  • Redemption contact:
  • Deviations from state default: none identified beyond the larger initial deposit (20% vs. state-default 5%) — see needs_verification.

C3. Local Surplus / Excess Proceeds → framework: surplus-funds

  • Claim filing venue: Clerk of Superior Court, Cumberland County — special proceeding under G.S. 1-339.71. Surplus from a G.S. 105-374(q) tax foreclosure sale is paid into the clerk’s office “for the benefit of the persons entitled to it.” Any party claiming the funds files a special proceeding petition before the clerk. See north-carolina § 3.
    • Office: Cumberland County Clerk of Superior Court (Lisa Scales)
    • Address: Judge E. Maurice Braswell Cumberland County Courthouse, 117 Dick Street, Fayetteville, NC 28301
    • Phone: (910) 475-3000
    • URL: https://www.nccourts.gov/locations/cumberland-county (primary page returned 403; phone number confirmed via multiple search results)
  • Claim form: No county-specific surplus claim form was identified. The process is initiated by filing a special proceeding petition with the Clerk of Superior Court; no standardized form URL was retrieved from an official source. (needs_verification)
  • Local deadline notes: No fixed statutory bar on clerk-held surplus. Funds are held by the clerk until rights are established or the funds escheat to the NC Department of State Treasurer as unclaimed property (approximately 3 years per secondary sources; precise NC dormancy period for clerk-held funds — see north-carolina § 3 and needs_verification).
  • Unclaimed-funds list published: The county’s Tax Administration maintains a “Surplus Property List” at https://www.cumberlandcountync.gov/departments/tax-group/tax/tax-bill-options/surplus_property_list (page returned 403 on direct fetch; confirmed to exist via search results). Whether this list covers tax-foreclosure surplus proceeds held by the clerk vs. county-owned surplus personal/real property is unclear — see needs_verification.
  • Unclaimed list URL (Treasurer): After escheat, search the NC State Treasurer’s Unclaimed Property portal: https://unclaimed.nccash.gov/app/claim-search
  • Contact for surplus claims:
    • Cumberland County Attorney’s Office (for surplus property questions): 5th floor, Cumberland County Courthouse, 117 Dick Street, Fayetteville, NC 28301 Phone: (910) 678-7762
    • Clerk of Superior Court (for special proceedings / surplus held by clerk): (910) 475-3000

▸ For Investors / Operators — Cumberland County uses the G.S. 105-374 mortgage-style judicial foreclosure, with a court-appointed Commissioner conducting in-person sales at the Courthouse front steps (117 Dick Street) typically at noon on Thursdays. A reported 20% deposit (or $750, whichever is greater) is required from the high bidder — materially higher than the statewide 5$750 floor; full payment in certified funds follows within approximately 14 days. A 10-day upset-bid period restarts the clock after each new bid. Properties are sold as-is, subject to taxes and assessments not included in the judgment, and there is no post-confirmation right of redemption under G.S. 105-374.

▸ For Former Owners — Surplus from a Cumberland County G.S. 105-374 sale is paid to the Cumberland County Clerk of Superior Court (Lisa Scales; 117 Dick Street, Fayetteville; (910) 475-3000) and recovered by a G.S. 1-339.71 special-proceeding petition before the Clerk. There is no fixed filing deadline while funds remain at the Clerk; unclaimed surplus is eventually remitted to the NC State Treasurer’s Unclaimed Property Division (NCCash at unclaimed.nccash.gov). You can stop the foreclosure before the sale is confirmed by paying all delinquent taxes to Cumberland County Tax Administration, 117 Dick Street, Room 530, (910) 678-7507.

C4. Offices & Contacts

OfficeNameAddressPhoneURL
Tax Administrator (Tax Collector)Joe Utley117 Dick Street, Room 530, Fayetteville, NC 28301 (P.O. Box 449, 28302)(910) 678-7507https://www.cumberlandcountync.gov/departments/tax-group/tax
Clerk of Superior CourtLisa Scales117 Dick Street, Fayetteville, NC 28301(910) 475-3000https://www.nccourts.gov/locations/cumberland-county
Register of DeedsAndra S. Brewington117 Dick Street, Room 114, Fayetteville, NC 28301 (P.O. Box 2039, 28302)(910) 678-7775 (land records: 678-7773)https://www.ccrod.org
Sheriff (in rem sales; process service)Johnathan Morgan (appt. Aug. 2025)131 Dick Street, Fayetteville, NC 28301(910) 323-1500https://cumberlandsheriffnc.gov
County Attorney (surplus property questions)—5th floor, Cumberland County Courthouse, 117 Dick Street, Fayetteville, NC 28301(910) 678-7762https://www.cumberlandcountync.gov
Foreclosure Counsel (private, county-retained)David B. Craig, Atty.1903 Bragg Blvd #4, Fayetteville, NC 28303(910) 223-3768http://davidbcraig.com

C5. Local Procedure Notes

  • Foreclosure method confirmed as G.S. 105-374 (mortgage-style): The county’s own 2026 RFP explicitly scopes services as “initiating and conducting mortgage-style tax foreclosures in accordance with NCGS 105-374.” The county assigns delinquent accounts to counsel at least once per year; counsel has 4 months to file after the Tax Administrator authorizes proceeding following the 30-day demand period.
  • Foreclosure hearings are conducted once per month by the Cumberland County courts (county RFP Q&A, 2026-06-02).
  • 20% initial deposit (local practice): Multiple aggregator sources report that Cumberland County requires a 20% deposit (or $750, whichever is greater) from the high bidder — higher than the statewide G.S. 1-339.25 default of 5$750. This should be verified against the official county page (which returned 403).
  • Auction at courthouse front steps, Thursdays at noon: typical time and location per secondary aggregators citing the county site. No pre-published calendar.
  • No online bidding: all bidding is in-person; no registration required.
  • Demand letter generates ~26% voluntary payment: before foreclosure is filed, counsel sends a 30-day demand letter; roughly one-quarter of targeted accounts pay in full (county RFP Q&A, 2026-06-02).
  • Sheriff role: the sheriff provides civil process (service of summons) in the 105-374 action and has an auctions/services division; the primary sale officer for tax foreclosures is a court-appointed commissioner (not the sheriff), consistent with 105-374. The sheriff may conduct 105-375 in rem execution sales if that procedure is used, but it does not appear to be Cumberland County’s primary method.
  • County seat is Fayetteville (home of Fort Liberty / Fort Bragg), the largest city in southeastern NC.

C6. Records Access

C7. Meta

  • parent_state: north-carolina
  • last_verified: 2026-06-02
  • confidence: 0.82
  • completeness_score: 0.80
  • gap_score: 8

sources:

needs_verification:

  • Official county tax foreclosure sales page (https://www.cumberlandcountync.gov/departments/tax-group/tax/tax-foreclosure-sales) returned HTTP 403 on all fetch attempts; all sale-procedure details (noon/Thursday timing, 20% deposit, front-steps location) are sourced from secondary aggregators that cite this page. Verify when the page is publicly accessible.
  • Initial deposit percentage of 20% (vs. the G.S. 1-339.25 state default of 5%): multiple aggregators report 20%; confirm directly against the county’s official page or by calling (910) 678-7507 / (910) 223-3768.
  • Whether the county “Surplus Property List” (https://www.cumberlandcountync.gov/departments/tax-group/tax/tax-bill-options/surplus_property_list) covers tax-foreclosure excess proceeds held by the Clerk or only county-owned surplus personal/real property available for bid — the County Attorney’s phone at (910) 678-7762 is the best next contact.
  • Specific claim form or petition form number for the G.S. 1-339.71 special proceeding at the Cumberland County Clerk of Superior Court (no standardized form URL retrieved).
  • Whether Cumberland County ever uses G.S. 105-375 (in rem) alongside 105-374 (mortgage-style); current evidence points exclusively to 105-374.
  • Precise NC dormancy period before clerk-held surplus is remitted to the NC State Treasurer (secondary sources cite ~3 years; controlling statute not directly fetched — see north-carolina needs_verification).
  • Current name of County Attorney (the name was not confirmed in retrieved sources; (910) 678-7762 is the number confirmed from search results).
  • Exact title search requirements / timeline expectations imposed by county on foreclosure counsel (the RFP references a 4-month filing window; title search practice inferred but not documented in a retrieved page).

cross_links: north-carolina, right-of-redemption, surplus-funds, third-party-recovery-rules, tyler-v-hennepin-county, due-process-notice, bankruptcy-automatic-stay, heirs-property, good-faith-purchaser, in-re-foreclosure-of-ackah

changelog:

  • 2026-06-02 — Initial population. Confirmed G.S. 105-374 mortgage-style procedure via Cumberland County’s own RFP Q&A (pdftotext extract). Sale procedure details (noon/Thursday/courthouse steps/20% deposit) from secondary aggregators citing official county page (which returned 403). Offices and contacts confirmed via Register of Deeds site (direct fetch), Sheriff site (direct fetch), and multiple search results. gap_score 8 (all from needs_verification / honest gaps — no fabricated or uncited legal claims).

▸ For Investors / Operators — Cumberland County uses the G.S. 105-374 mortgage-style judicial foreclosure, with a court-appointed Commissioner conducting in-person sales at the Courthouse front steps (117 Dick Street) typically at noon on Thursdays. A reported 20% deposit (or $750, whichever is greater) is required from the high bidder — materially higher than the statewide 5$750 floor; full payment in certified funds follows within approximately 14 days. A 10-day upset-bid period restarts the clock after each new bid. Properties are sold as-is, subject to taxes and assessments not included in the judgment, and there is no post-confirmation right of redemption under G.S. 105-374.

▸ For Former Owners — Surplus from a Cumberland County G.S. 105-374 sale is paid to the Cumberland County Clerk of Superior Court (Lisa Scales; 117 Dick Street, Fayetteville; (910) 475-3000) and recovered by a G.S. 1-339.71 special-proceeding petition before the Clerk. There is no fixed filing deadline while funds remain at the Clerk; unclaimed surplus is eventually remitted to the NC State Treasurer’s Unclaimed Property Division (NCCash at unclaimed.nccash.gov). You can stop the foreclosure before the sale is confirmed by paying all delinquent taxes to Cumberland County Tax Administration, 117 Dick Street, Room 530, (910) 678-7507.

Legal information, not legal advice. This page summarizes Cumberland County, North Carolina local tax sale and surplus procedure for educational purposes and may be incomplete or out of date. Statutes and local practices change. Verify every cited primary source and consult a licensed North Carolina attorney before acting. Last verified: 2026-06-02.

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