Right to redeem before a tax foreclosure sale is confirmed
N.C. Gen. Stat. § 105-374
In plain words
In a North Carolina tax lien foreclosure, you can redeem your property by paying the taxes, penalties, interest and costs before the court confirms the foreclosure sale. Confirmation happens after the upset-bid period ends.
Who is protected
Owners of North Carolina property in a tax lien foreclosure.
When it applies
- Only in North Carolina.
- Only if you are behind on property taxes.
What you can do
Ask the tax collector for a payoff and plan
Counties may accept partial payments before the sale.
Deadline: Before the court confirms the tax sale
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Honest limits
- No right to redeem after confirmation.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawTax foreclosure — redemption before confirmation
N.C. Gen. Stat. § 105-374
What it says: Redemption before confirmation requires paying all taxes due to the plaintiff unit plus penalties, interest and costs.
Read the official texthttps://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_105/GS_105-374.html
Court cases
- Homeowner wonCited for this rightJones v. Flowers
Jones v. Flowers, 547 U.S. 220 (2006)
when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property
- Homeowner wonSame topicTyler v. Hennepin County
Tyler v. Hennepin County, 598 U.S. 631 (2023)
a government that sells a home for unpaid taxes and keeps the value beyond the tax debt takes property without just compensation
- Homeowner wonSame topicHall v. Meisner
Hall v. Meisner, 51 F.4th 185 (6th Cir. 2022)
a homeowner's equity in property taken for a smaller tax debt is protected property, and taking it without compensation states a federal takings claim
- Homeowner wonSame topicMennonite Board of Missions v. Adams
Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)
a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough
- Homeowner lostSame topicPung v. Isabella County
Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)
after a fairly conducted tax sale, the government owes the former owner the surplus from the sale price, not the property's fair market value
Related rights
Surplus from a tax foreclosure sale goes to those entitled
N.C. Gen. Stat. § 105-374(q)
After a tax foreclosure sale pays the costs, taxes and other listed claims, the commissioner pays any surplus to the clerk for the people entitled to it — usually the former owner. If there is a dispute, the clerk holds the money until a special proceeding decides who gets it.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightFair handling of your escrow account
12 C.F.R. § 1024.17(c)(1)
If your servicer collects money for taxes and insurance (escrow), it must pay those bills on time as long as you are not more than 30 days behind. It must review the account every year and send you a statement. It cannot keep more than a small cushion (one-sixth of a year's payments), and it must refund a surplus of $50 or more within 30 days of the review. When you pay off the loan, it must return what is left within 20 business days.
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