Special Proceedings Division (Historic Courthouse)
1 Court Square, Graham, NC 27253
phone: (336) 570-5206, fax: (336) 570-5201
The following is the general process for the conduct of foreclosures and upset bids. This information is not intended as legal advice; as with any judicial proceeding, it is recommended that you seek competent legal counsel to help you.
If you are at risk of foreclosure please click on the link below:
Sale of Foreclosed Properties
- A Notice of Sale assigns a date for the property to be sold at public auction.
- Auctions are conducted inside the center hall of the first floor of the historic courthouse.
- Upon completion of any particular auction, a Report of Sale is filed with Special Proceedings Division.
- A ten (10) day period is provided by law for the filing of upset bids; if that ten (10) day period elapses and no upset bids have been filed, the property is considered legally sold.
We accept cash or certified check ONLY payable to the Clerk of Superior Court for any deposit made for upset bids.
For your convenience, the Clerk of Court’s Office maintains copies of all foreclosures and judicial sales on our “Report of Sale Board” located in the hallway of the Special Proceedings Division at Room 110.
Filing Upset Bids
- After a property is sold at public auction but before the ten (10) day upset bidding period elapses, any interested party may file an upset bid (Certified Funds Only) with the Special Proceedings Division.
- To file an upset bid, the bid must be raised by either $750.00 or at least 5% of the new bid (whichever is greater) and must be deposited with the Clerk of Superior Court.
- Once an upset bid is filed, a new ten (10) day upset bidding period begins. Once this upset bidding period elapses and no new upset bids have been filed, the property will be considered legally sold to the highest bidding party.
- If the highest bidding party defaults on their bid, they may lose their deposit and a new sale process will begin.
For more information about foreclosure proceedings, you may visit the Special Proceedings Division.