Burke County, NC tax sales

County offices

County notes

• •Foreclosure sale information sits on the Collections page of the county tax site, burkenctax.com, reached from the site menu or from the county homepage news item.
• •The county's own notice states the foreclosure law firm has changed and Burke County now partners with Kania Law Firm, 82 Patton Ave Ste 510, Asheville, NC 28801, phone 828-252-8010; references to any prior firm are out of date.
• •Upset bids are filed at the Clerk of Superior Court's office inside the Burke County Courthouse, 201 S Green St, Morganton, NC 28655, phone 828-433-3200, weekdays 8:00 am to 5:00 pm.
• •Kania's live Burke roster showed 13 active cases in August 2026, with sales at 11:00 a.m. at the courthouse and per-parcel court file numbers matching the county's posted sale list.

North Carolina rules

Redemption

North Carolina has no fixed redemption period of the certificate-state type and no post-sale redemption right. In a G.S. 105-374 foreclosure, redemption is allowed before confirmation of the foreclosure sale: paying the taxes, penalties, interest, and costs discontinues the action, and the clerk may confirm the sale once 10 days pass after the report of sale with no upset bid or exception. In an in rem foreclosure, payment in full of the docketed judgment with interest and costs requires the tax collector to certify the payment and cancel the judgment. Because every sale also sits through the 10-day upset bid window, an owner in either path retains a last window to pay after the auction itself but before the sale is final.N.C. General Statutes 105-374 - Foreclosure of tax lien by action in nature of action to foreclose a mortgageN.C.G.S. 105-374Verified Aug 16, 2026

Deed deposit

At a G.S. 105-374 sale the commissioner may require the successful bidder to make a deposit of up to 20 percent of the bid; no deposit may be required of a taxing unit. An upset bidder always files a deposit of 5 percent of the upset bid, minimum $750, with the clerk.N.C. General Statutes 105-374 - Foreclosure of tax lien by action in nature of action to foreclose a mortgageN.C.G.S. 105-374Verified Aug 16, 2026

Surplus proceeds

Sale proceeds are applied first to the costs of the action, including the commissioner's and attorneys' fees, then to the taxes, penalties, and interest of the foreclosing unit, then to special assessments and the taxes of other taxing units. Any surplus is paid as the court directs or held by the clerk of superior court, where the former owner, junior lienholders, and other claimants can file a special proceeding under G.S. 1-339.71 to establish ownership of the funds.N.C. General Statutes 105-374 - Foreclosure of tax lien by action in nature of action to foreclose a mortgageN.C.G.S. 105-374Verified Aug 16, 2026

Governing statute

N.C.G.S. Chapter 105, Article 26N.C. General Statutes Chapter 105, Article 26 - Collection and Foreclosure of TaxesN.C.G.S. Ch. 105, Art. 26Verified Aug 16, 2026

What the deed conveys: The G.S. 105-374 judgment orders the property sold in fee simple, free and clear of all interests, rights, claims, and liens whatever, with limited statutory exceptions. An in rem purchaser likewise acquires fee simple title free and clear of all claims, except certain remaining tax and assessment liens and conservation agreements. Many buyers still order a title review, and some file a quiet title action, before reselling with title insurance.N.C. General Statutes 105-374 - Foreclosure of tax lien by action in nature of action to foreclose a mortgageN.C.G.S. 105-374Verified Aug 16, 2026 See the due diligence guide.

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