Fill and Sign the See Instructions on Side Two Form

STATE OF NORTH CAROLINA File No. Deputy CSC Assistant CSC Clerk Of Superior Court A dispute has arisen between Petitioner and Respondent with respect to the return or forfeiture of the Earnest Money, as a result of which the Escrow Agent has deposited the Ea rnest Money with the Court. Petitioner is entitled to an order awarding and distributing the Earnest Money to t he Petitioner for the following reason(s) (attach additional page(s) if necessary): Petitioner and Respondent entered into a contract on o r about (date) for the purchase and sale o f real property located in County at: . A copy of said contract (the "Contract") is attached to this Petition as Exhibit A. Pursuant to the Contract, the sum of $ was deposited as earnest money ("Earne st Money") with ("Escrow Agent") who i s a licensed real estate broker. 1. 2. 3. The undersigned, being duly sworn, requests that the Cou rt, after notice and hearing, determine rightful ownership of certain disputed monies previously deposited with the Cour t pursuant to G.S. 93A-12. Petitioner further requests that the Court issue an order awarding and distributing said disp uted monies to Petitioner. In support of said request, Petitioner states: PETITION TO RECOVER DISPUTED MONIES Name And Address Of Petitioner(s) County Of Residence Of Petitioner(s) Telephone No. G.S. 93A-12 Name And Address Of Respondent(s) County Of Residence Of Respondent(s) Telephone No. Name And Address Of Attorney For Petitioner(s) Telephone No. Of Petitioner(s) Attorney State Bar No. Date Signature Of Person Authorized To Administer Oaths SWORN/AFFIRMED TO AND SUBSCRIBED BEFORE ME Date Signature Of Petitioner The undersigned Petitioner has read this Petition and states that its contents are true to the knowledge of Petitioner except those matters stated on information and belief, which Petitioner believes are true. VERIFICATION AOC-SP-261, New 4/08 © 2008 Administrative Office of the Courts In The General Court Of Justice Superior Court DivisionBefore The Clerk County Signature Of Petitioner SEAL Date My Commission Expires Notary County Where Notarized (SEE INSTRUCTIONS ON SIDE TWO) AOC-SP-261, Side Two, New 4/08 © 2008 Administrative Office of the Courts INSTRUCTIONS TO PETITIONER OR RESPONDENT (PETITION TO RECOVER DISPUTED MONIES, FORM AOC-SP-261T) 1. The Petitioner must file the petition in the county where the Clerk of Court is holding the disputed monie s within one year of the disputed monies being deposited with the Cl erk of Court 2. The Petitioner must show the complete name and addre ss of the Respondent to ensure service on the Respondent. I f there are two respondents and they reside at different addresses, the Petitioner must include both addresses. If the respondent is an entity other than an individual (such as corporation, limited liability company, etc.), the Petitioner must file the petition in the complete legal name of the entit y. 3. The Petitioner must attach a copy of the real estate co ntract to the Petition. 4. The Petitioner may serve the respondent by mailing a co py of the summons and petition by registered or certified mail, return receipt requested, addressed to the party t o be served or by paying the costs to have the sheriff serve t he summons and petition. If certified or registered mail i s used, the Petitioner must immediately prepare and fil e a sworn statement with the Clerk of Court proving service by certif ied mail and must attach to that statement the postal receipt showing that the letter was accepted. 5. The Petitioner must pay advance court costs for a special pro ceeding at the time of filing this petition. In the event that judgment is entered in favor of the Petitioner, court costs may be charged against the Respondent if so orde red by the court. 6. The Respondent may file a written response, making claim to the disputed monies, in the office of the Clerk of Court. The Respondent must send a copy of the response to the Pet itioner's attorney or to the Petitioner if no attorney of record. This response should be filed within 10 days after service of the petition on the respondent. The filing of a response does not relieve the Respondent of the need to appear before the Clerk of Court to assert the Respondent's claim to the disputed monies 7. Whether or not a response is filed, the Petitioner mu st appear before the Clerk of Court to assert the Petitioner's claim to the disputed monies. 8. The Petitioner or the Respondent may appeal the Cle rk's decision in this case. To appeal, notice must be given i n open court when the judgment is rendered, or notice ma y be given in writing to the Clerk of Court within ten (10) days after the judgment is rendered. If notice is given in w riting, the appealing party must also serve written noti ce of appeal on all other parties. 9. Neither the Clerk nor any real estate broker who represente d a party in the real estate transaction that gave rise to this dispute can give you legal advice about your case or assist you in completing this form. This form is designed to cover common disputes about the return or forfeiture of earnest money deposits in real estate sales transactions. If you have any questions about your case, or about completing or using this form, you should contact an attorney.