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In Rem Foreclosures

Once a real property tax bill has become delinquent, the Tax Collector may use the In Rem method of foreclosure to satisfy the tax lien on real property, as stated in NCGS 105-375. For more information concerning property foreclosures, visit the tax auctions page.

The highest bidder at public sale must pay in full the successful bid amount at the conclusion of the sale. This amount must be paid in cash or certified funds (payable to the Orange County Sheriff’s Department). The successful bidder is also responsible for paying excise tax due to the Register of Deeds office, and any recording fees.

There is a 10-day period in which the high bid may be upset by filing an Upset Bid with the Orange County Clerk of Court. The amount of the Upset Bid must be paid in cash or certified funds to the Orange County Clerk of Court at the time of filing. The upset bid amount must be at least 5% of the amount of the Upset Bid but not less than $750. The Upset Bid must be filed with the Orange County Clerk of Court before 5:00 PM on the 10th day after the filing of the Report of Sale. After the ten day period expires successfully the Orange County Sheriff will execute a Non-Warranty Sheriff’s Deed. The total amount of the upset bid is due in full upon delivery of the Sheriff’s Deed. For questions about foreclosures in Orange County due to non-payment of taxes contact Valerie Curry, Deputy Tax Collector for Orange County.