Note: Tax Foreclosure Bidder Advisory
It is vital that all tax foreclosure tax sale auctions are free from collusion, bid rigging, and any other activity designed to suppress the final outcome of the auction. The expectation for tax foreclosure auctions is that free and open competition exists in bidding at all times. For the process to work, private individuals and organizations participating in the bidding process must do so independently. When competitors collude, or engage in bid rigging, they are subject to criminal prosecution by the Antitrust Division of the United States Department of Justice, and/or local prosecution. The relevant North Carolina statute is G.S. 75-1, the Unfair Trade Practice Act . This can be enforced by individuals or by the NC Attorney General and the local District Attorney. Civil and criminal penalties are assessed for violations criminal violations are a felony.
Look Over Our Foreclosure Listings If You Are Interested In Investing
We maintain a current list of foreclosure listings in Western North Carolina, and we welcome you to look over these listings for any properties that interest you. If you decide to bid on a property, the bidding process generally takes place on the steps of the County Courthouse or another location. State law is designed to gain as much as possible from the foreclosed property, but most of these properties sell for much lower than market value.
As you look at foreclosure listings, please note that you have no legal right to physically enter the property. However, if the owner is present, they may give you permission to inspect the premises before you place your bid at auction. If you are the winner of the auction, you also have the legal right to sell the property immediately, unless an IRS lien is present.
Important Foreclosure Data Points For Mecklenburg County Nc
Foreclosures in Mecklenburg County, North Carolina are dependent on various factors and investors should be aware of these foreclosure data points before considering the region for their investment. Here are a few key insights to keep in mind.
First, foreclosures are typically priced much lower than the market price we see on average. Buying foreclosures as an investment produces a much greater ROI than buying at market price. Lenders are much more likely to let go of properties for less than their value to regain their investment costs.
Second, its important to consider the location of the foreclosed property before making a purchase. As weve looked at, Mecklenburg County is home to Charlotte, which is one of the fastest-growing cities in North Carolina. You can dive deeper into these insights by using the following strategy.
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Cnty Of Mecklenburg V Ryan
COUNTY OF MECKLENBURG, A Body Politic and Corporate, Plaintiff, v. Helen Barbara RYAN, Unknown Spouse of Helen Barbara Ryan, and City of Charlotte, Lienholder, Defendants.
C. Ashley Lamm, for County of Mecklenburg, Plaintiff. Lord Law Firm, PLLC, by Harrison A. Lord, Charlotte, for Helen Barbara Ryan, Defendant. No brief filed on behalf of City of Charlotte, Defendant-Lienholder. Offit Kurman, P.A., Charlotte, by Amy P. Hunt and Robert McNeill, for Jacob Belk, Third-Party Appellee.
C. Ashley Lamm, for County of Mecklenburg, Plaintiff.
Lord Law Firm, PLLC, by Harrison A. Lord, Charlotte, for Helen Barbara Ryan, Defendant.
No brief filed on behalf of City of Charlotte, Defendant-Lienholder.
Offit Kurman, P.A., Charlotte, by Amy P. Hunt and Robert McNeill, for Jacob Belk, Third-Party Appellee.
WOOD, Judge.¶ 1 Plaintiff, County of Mecklenburg, A Body Politic and Corporate appeals an order setting aside an entry of default and a default judgment. Defendant Helen Ryan cross appeals from the order, in which the trial court granted Ryan’s motion to set aside a judgment of confirmation, but denied her motion to set aside the commissioners deed. After careful review of the record and applicable law, we affirm the order of the trial court in part and reverse in part.
Due Diligence/ Motion To Set Aside Default Judgment
¶ 17 Ryan first argues that the trial court erred by denying her motion to set aside both the entry of default and the default judgment because ” County failed to exercise due diligence as required under Rule 4,” rendering the judgment void. Ryan moved under N.C. Gen. Stat. § 105-377 to set aside the judgment however, the trial court considered Ryan’s motion under N.C. R. Civ. P. 60. “The decision of whether to set aside an entry of default … is within the sound discretion of the trial court. ” Swan Beach Corolla, L.L.C. v. County of Currituck , 255 N.C. App. 837, 841, 805 S.E.2d 743, 746 ). Likewise, our “standard of review of a trial court’s denial of a Rule 60 motion is abuse of discretion.” Davis v. Davis , 360 N.C. 518, 523, 631 S.E.2d 114, 118 ).
¶ 18 “A default judgment may be set aside under Rule 60 only upon a showing that: extraordinary circumstances were responsible for the failure to appear, and justice demands that relief.” Advanced Wall Systems, Inc. v. Highlande Builders, LLC , 167 N.C. App. 630, 634, 605 S.E.2d 728, 731 . A trial court may also “set aside and relieve a defendant from a default judgment if the judgment entered is void.” Dowd v. Johnson , 235 N.C. App. 6, 9, 760 S.E.2d 79, 82 .
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Tax Rates By City In Mecklenburg County North Carolina
The total sales tax rate in any given location can be broken down into state, county, city, and special district rates. North Carolina has a 4.75% sales tax and Mecklenburg County collects an additional 2%, so the minimum sales tax rate in Mecklenburg County is 6.75% . This table shows the total sales tax rates for all cities and towns in Mecklenburg County, including all local taxes.
Advisory To Bidders In Mecklenburg County
The Mecklenburg County Clerk of Superior Courts office is open to the public from 9 AM-12 PM Monday through Friday. Anyone wishing to place an upset bid must do so during these public hours.
For a more complete listing of court operations in Mecklenburg County, please visit the NC Courts Official Website.
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Mecklenburg County North Carolina Sales Tax Rate
Mecklenburg County Tax jurisdiction breakdown for 2022
What does this sales tax rate breakdown mean?
Sales tax rates are determined by exact street address. The jurisdiction-specific rates shown add up to your minimum combined sales tax rate. The total rate for your specific address could be more.
Need the exact sales tax rate for your address?
What is the sales tax rate in Mecklenburg County?
The minimum combined 2022 sales tax rate for Mecklenburg County, North Carolina is . This is the total of state and county sales tax rates. The North Carolina state sales tax rate is currently %. The Mecklenburg County sales tax rate is %.
The 2018 United States Supreme Court decision in South Dakota v. Wayfair, Inc. has impacted many state nexus laws and sales tax collection requirements. To review the rules in North Carolina, visit our state-by-state guide.
Automating sales tax compliance can help your business keep compliant with changing sales tax laws. AvaTax delivers real-time sales tax rates and uses advanced technology to map rates to exact address locations, based on the latest jurisdiction requirements.
NOTE: The outbreak of COVID-19 may have impacted sales tax filing due dates in Mecklenburg County. Please consult your local tax authority for specific details. For more information, visit our ongoing coverage of the virus and its impact on sales tax compliance.
Our Firm Represents County And Municipal Governments Tasked With Selling Foreclosed Homes
Representing municipal and county governments tasked with managing the sale of foreclosed homes due to delinquent taxes is one of the main focuses of our firm. At The Kania Law Firm, we maintain an up-to-date database of current foreclosed homes going up for sale. Please feel free to peruse our listings of foreclosed homes if you are interested in investing or purchasing a home at a price point lower than market value.
If you wish to bid on one of the foreclosed homes overseen by our firm, the bidding and sale process will occur on the steps of the County Courthouse. If a change in location is necessary, the Clerk of the Court will determine the sale location, and our firm can inform you of where this will be beforehand.
At the sale, you can start the bidding process or compete with other bids throughout the duration of the auction. Once the final bid has been submitted, either a 5% deposit on the property or $750 must be posted in the form of certified funds or cash. Please note that you should come to the sale prepared with a deposit that will likely meet these requirements.
We have many resources available to investors interested in foreclosed homes, so please reach out to us at The Kania Law Firm for details about current listings in Mecklenburg County, North Carolina or additional information about the bidding and auction process. We look forward to hearing from you!
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We Help County And Municipal Governments Collect Delinquent Taxes Through The Tax Foreclosure Sales Process
At The Kania Law Firm, we represent county and municipal governments tasked with selling foreclosed homes at auction to interested buyers. This is one of the primary focuses of our thriving firm in North Carolina, and we welcome you to look through our foreclosure listings and utilize our online resources for additional information about upcoming auctions on tax foreclosure sales in Mecklenburg County, North Carolina.
Generally speaking, tax foreclosure sales occur at the County Courthouse, either on the steps of the building or at another location predetermined by the Clerk of the Court. We can inform you of where certain sales are taking place, so you have ample time to prepare your bid and arrive ready to take part in the auction.
If you are in attendance at the sale, you can raise the opening bid at any point during the auction. If the last bid is not raised by any other party at the sale, the winner of the auction must submit either a 5% deposit on the property or $750.00, whichever is greater. This funding must be in the form of cash or certified funds no personal checks are accepted. Depending on how many bidders attend the sale, the bidding process usually takes between 5 and 30 minutes.
How The Right To Redeem Usually Works
In many states, the homeowner can redeem the home after a tax sale by paying the buyer from the tax sale the amount paid , plus interest, within a limited amount of time. Exactly how long the redemption period lasts varies from state to state, but usually, the homeowner gets at least a year from the sale to redeem the property. In other states, though, the redemption period happens before the sale.
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Mecklenburg County Completing Initial Phase Of Revaluation Process
The goal is to redistribute the property tax base.
CHARLOTTE, N.C. – If you own property in Mecklenburg County, your tax rate could be changing at the start of next year.
Tax assessors are conducting the regular revaluation of properties. New values will be announced, and notices sent out in January of next year.
Right now, the tax rate stands at .6169 per $100 of value, meaning if you own a $200,000 house, your annual county tax bill is roughly $1,233.
The county does this every four years, switching from doing it every eight years to reduce large market increases.
According to county officials in 2019 at the last revaluation, the median sales price of a residence was $323,105.
Its now $413,880.
Wesley Heights is a neighborhood that has seen a lot of changes over the years.
Its right around the corner from WBTV, which is why Dan Crawford and his wife, who works at the station, moved here more than two decades ago.
Since 1998, so 24, 25 years, Crawford said.
Hes well aware of the price of progress.
Certainly nobody likes paying taxes, but nobody likes going to the dentist either, he said. If you want nice teeth, if you want nice schools, if you want nice roads, you have to do it.
Mecklenburg County completed its initial assessment of residential properties across more than 3,100 neighborhoods. They are almost done assessing commercial properties.
Reliance On Tax Collector’s Oral Statement
¶ 35 Mecklenburg County further contends that the trial court erred by including in its conclusions of law that “Ryan had the right to rely on the Mecklenburg County Office of the Tax Collector’s Representative’s Statement as to the amount due.” We disagree.
¶ 36 N.C. Gen. Stat. § 105-361 provides the statutory framework for an individual to inquire as to any outstanding taxes. SeeN.C. Gen. Stat. § 105-361 . Under subsection , the county tax collector must give a written certificate stating the amount of any taxes and special assessments due upon the request of an owner of real property. N.C. Gen. Stat. § 105-361. The owner of real property is then permitted to rely on the certificate issued, and “all taxes … that have accrued against the property for the period covered by the certificate shall cease to be a lien against the property” upon the payment of “the amount of taxes and assessments stated therein to be a lien on the real property.” N.C. Gen. Stat. § 105-361.
¶ 37 Subsection of Section 105-361 provides that “n oral statement made by the tax collector as to the amount of taxes, special assessments, penalties, interest, and costs due on any real or personal property shall bind neither the tax collector nor the taxing unit.” N.C. Gen. Stat. § 105-361.
¶ 40 Next, Mecklenburg County argues the trial court erred by concluding Ryan is entitled to restitution under N.C. Gen. Stat. § 1-108. We disagree.
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Mecklenburg County North Carolina Sales Tax Rate 2022up To 725%
A county-wide sales tax rate of 2% is applicable to localities in Mecklenburg County, in addition to the 4.75% North Carolina sales tax.
Here’s how Mecklenburg County’s maximum sales tax rate of 7.25% compares to other counties around the United States:
- Higher maximum sales tax than93% ofNorth Carolina counties
- Lower maximum sales tax than 51% of counties nationwide
In Rem Tax Foreclosures In North Carolina
Instead of filing a lawsuit, the tax collector can choose to use an alternative process called an “in rem” foreclosure. With an in rem foreclosure, the tax collector files a certificate with the court. This step is referred to as “docketing.” . This step effectively creates a judgment against your home in the amount of the taxes, interest, and costs.
At least 30 days before docketing the judgment, the tax collector must send you a notice of the foreclosure by registered or certified mail, return receipt requested. If the tax collector does not receive a return receipt indicating that you got the notice within ten days, the collector must make reasonable efforts to locate and notify you by, for example:
- posting the notice on the property
- mailing a notice to the property address by first-class mail, and
- publishing it in a newspaper. .
At any time after three months after docketing, but no more than two years from the indexing of the judgment, the tax collector can file a request for execution with the court. The court then orders the sheriff to sell your home to satisfy the tax debt. .
The sheriff will then mail you a notice of sale by registered or certified mail, return receipt requested, 30 days before the sale date. If the sheriff doesn’t receive a return receipt within ten days, the collector must take steps to notify you, like by posting notice at the courthouse and publishing the notice in a newspaper. .
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Our Team Manages Foreclosure Property Sales And Can Give You All The Information You Need To Take Advantage Of The Opportunities They Provide
There are many reasons to seek out legal assistance. Most people associate asking for a lawyer with criminal proceedings, but the truth is the majority of legal consultations take place for far more mundane matters. One such area that many lawyers are involved in is foreclosures. A foreclosed property is one that has been claimed by a party other than the mortgage holder because the holder has failed to keep up with payments. Often, foreclosed properties are claimed by the bank that holds the mortgage, but they can also be claimed by the government in response to unpaid property taxes. Our team at The Kania Law Firm represents the county and municipal governments responsible for collecting these delinquent taxes by managing these foreclosed properties.
Following foreclosures, the properties are then sold at auction so the owner can recoup some of their money. Foreclosure properties typically sell for below market value, so they tend to be attractive to buyers. If you are interested in purchasing a foreclosed property, we at The Kania Law Firm can help. We maintain an up-to-date list of properties going up for auction so that you can see if there are any you wish to bid on. If you win the bid, you can do whatever you wish with the property, just as you can following a traditional sale. Note, however, that before purchase, you are not legally allowed to enter the property to view its condition without the owners permission.