North Carolina auction rules

Upset bids in North Carolina, explained

The auction doesn't end at the auction. Here's how NC's 10-day upset-bid window works, what the next bid must be, and what you owe the clerk — with a calculator.

What is an upset bid?

In a North Carolina judicial sale — including tax-foreclosure sales — the highest bid at the courthouse doesn't win outright. It opens a 10-day window during which anyone can "upset" (outbid) it by filing a higher bid with the court. Every qualifying upset bid restarts a fresh 10-day window, so a property can change leading bidders several times before the sale is confirmed.

The minimum raise: a new upset bid must beat the current high bid by 5% or $750, whichever is greater.
N.C. Gen. Stat. § 1-339.25. Below a $15,000 bid the $750 floor controls; above it, the 5% raise does.
The deposit: to file, you post the greater of $750 or 5% of your full bid (not just the raise) with the Clerk of Superior Court, in cash or certified funds. If you win, it's applied toward the purchase price.

Minimum next bid calculator

Minimum next upset bid
Deposit for that minimum bid
Deposit for your bid

That bid is below the statutory minimum — the clerk can't accept it.

Amounts round up to the whole dollar. Informational only — confirm the current bid and deadline with the clerk before filing.

The 10-day clock

Frequently asked

How much do I have to raise the bid?

By 5% of the current high bid or $750, whichever is greater. On a $10,000 bid that's $750 (floor); on a $100,000 bid it's $5,000 (5%).

What deposit do I need?

The greater of $750 or 5% of your full upset bid, posted with the clerk in cash or certified funds. It counts toward the price if you win, and is at risk if you win and then fail to close.

Does the window really restart every time?

Yes — each qualifying upset bid starts a fresh 10-day period. Sales are only confirmed after a window passes with no new upset bid.

Where do I file?

With the Clerk of Superior Court in the county of the property, in person, before 5:00 PM on the final day. Call the clerk's special-proceedings division to confirm the current high bid and deadline first.