Clerk of Superior Court
Foreclosures & Upset Bids
This is the general process for
the conduct of foreclosures and upset bids. This information is not intended as legal advice. It
is strongly recommended
that you seek competent legal counsel to help you.
Sale of Foreclosed
1. A Notice of Sale assigns a date for the property to
be sold at public auction. Notices
are posted by the Courthouse bulletin boards located on the Lower Level
of the Courthouse
2. Auctions are conducted in
front of the courthouse on the courthouse steps. In the event of bad weather, just
inside of the front door of the courthouse in the atrium.
3. Upon completion of any
particular auction, a Report of Sale is filed with the Special
4. 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
Filing Upset Bids
1. 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 with the Special Proceedings Division.
2. To file an upset bid, the bid
must be raised by at least 5% and either $750.00 or 5% of the new bid
(whichever is greater) and must be deposited with the Clerk of Superior
3. 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.
4. If the highest bidding party
defaults on their bid, they lose their deposit and a new sale process
Cash, Certified Check, or Money Order ONLY payable
to the Clerk of Superior Court
For your convenience, the Clerk of Court’s Office
maintains copies of all foreclosures and judicial sales in the “Report of
Sale Book and Upset Bid Books” located in the civil vault of the Civil
All foreclosures and judicial sales are
published in the Fayetteville newspaper prior to the sale.