reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.20 - Public sale; postponement of sale.

§ 1-339.20. Public sale; postponement of sale.
(a) A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than 90 days after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may postpone the time for submitting and opening bids to a date, time, and place certain not later than 90 days after the original date for the opening of bids if any of the following occurs:
(1) There are no bidders.
(2) In the person's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3) There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the person's judgment, to hold the sale on that day.
(4) The person is unable to hold the sale because of illness or for other good reason.
(5) Other good cause exists.
The person authorized to hold the sale may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to G.S. 1A-1, Rule 6.
(b) Upon each postponement of public sale the person authorized to hold the sale shall personally, or through the person's agent or attorney, do all of the following:
(1) At the time and place advertised for the sale or for the opening of sealed bids, publicly announce the postponement.
(2) On the same day, attach to or enter on the notice of sale, as provided in G.S. 1-339.17 in the case of real property or G.S. 1-339.18 in the case of personal property, a notice of the postponement.
(2a) Give written or oral notice of postponement to each party previously served pursuant to G.S. 1A-1, Rule 4(j). Written notice of postponement shall be served in any manner provided in G.S. 1A-1, Rule 5(b).
(3) In the case of a public sale of timber by sealed bid, give notice of postponement to each person that submitted a bid.
(c) The notice of postponement shall be signed by the person authorized to hold the sale, or by the person's agent or attorney, and shall state the following:
(1) That the sale is postponed.
(2) In the case of a sale by public auction, the hour and date to which the sale is postponed.
(2a) In the case of a sale of timber by sealed bid, the date, time, and place to which the opening of bids is postponed.
(3) The reason for the postponement.
(4) Repealed by Session Laws 2022-60, s. 1, effective October 1, 2022, and applicable to sales noticed on or after that date.
(d) If a public sale is not held at the time fixed for the sale and is not postponed as provided by this section, the person authorized to make the sale shall report these facts to the judge or clerk of court having jurisdiction, who shall order the time and place of the public sale of the property and the manner and length of time for the notice of the sale. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, ss. 10-12; 2022-60, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.21 - Public sale by auction; time of sale.

§ 1-339.21. Public sale by auction; time of sale.
(a) A public sale by auction shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place.
(b) No public sale by auction shall commence before 10:00 o'clock A.M. or after 4:00 o'clock P.M.
(c) No public sale by auction shall continue after 4:00 o'clock P.M., except that in cities or towns of more than 5,000 inhabitants, as shown by the most recent federal census, sales of personal property may continue until 10:00 o'clock P.M. (1949, c. 719, s. 1; 1997-83, s. 13.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.22 - Public sale by auction; continuance of uncompleted sale.

§ 1-339.22. Public sale by auction; continuance of uncompleted sale.
A public sale by auction commenced but not completed within the time allowed by G.S. 1-339.21 shall be continued by the person holding the sale to a designated time between 10:00 o'clock A.M. and 4:00 o'clock P.M. the next following day, other than Sunday. In case a continuance becomes necessary, the person holding the sale shall publicly announce the time to which the sale is continued. (1949, c. 719, s. 1; 1997-83, s. 14.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.23 - Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.

§ 1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.
(a) When any person interested as a creditor, devisee, distributee, or otherwise, in the proceeds of a public sale of personal property, objects at the sale to the completion of the sale of any article of property on account of the insufficiency of the amount bid, title to such property shall not pass and possession of the property shall not be delivered until the sale of such property is reported and is confirmed by the judge or clerk of court having jurisdiction; but such objection to the completion of the sale of any article of property shall not prevent the completion of the sales of articles of property to which no objection is made where the same have been separately sold. When a judge or clerk having jurisdiction fails or refuses to confirm a sale of property which has thus been objected to, the procedure for a new sale of such property, including a new order of sale, shall be the same as if no such attempted sale has been held. This subsection shall not apply to perishable property sold pursuant to G.S. 1-339.19.
(b) Except as provided in subsection (a), the person holding a public sale of personal property shall deliver the property to the purchaser immediately upon compliance by the purchaser with the terms of the sale.
(c) The person holding a public sale may execute and deliver a bill of sale or other muniment of title for any personal property sold, and, upon application of the purchaser, shall do so when required by the judge or clerk of court having jurisdiction. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 2011-284, s. 4.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.24 - Public sale; report of sale; when final as to personal property.

§ 1-339.24. Public sale; report of sale; when final as to personal property.
(a) The person holding a public sale shall, within five days after the date of the sale if the sale was by auction, or within five days after the date on which bids were opened if the sale was a sale of timber by sealed bid, file a report thereof with the clerk of the superior court of the county where the proceeding for the sale is pending.
(b) The report shall be signed by the person authorized to hold the sale, or by his agent or attorney and shall show
(1) The title of the action or proceeding;
(2) The authority under which the person making the sale acted;
(3) If the sale was by public auction, the date, hour and place of the sale;
(3a) If the sale was a sale of timber by sealed bid, the date, time, and place at which the sealed bids were opened, the number of bids received, and the amount of each bid;
(4) A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold; and
(5) A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;
(6) The names of the purchasers;
(7) The price at which the property, or each part thereof, was sold and that this price was the highest bid therefor; and
(8) The date of the report.
(c) The report of sale of personal property, when confirmation of the sale is not required, may include such additional information as is required by G.S. 1-339.31 or G.S. 1-339.32, whichever is applicable, and when such additional information is included, the report shall constitute the final report of sale of personal property. If the report does not include the additional information required by G.S. 1-339.31 or G.S. 1-339.32, the final report required by those sections shall be subsequently filed.
(d) The report of a sale of timber by sealed bid shall include the information required by G.S. 1-339.13A(b) and G.S. 1-339.17(c1). (1949, c. 719, s. 1; 1997-83, ss. 15-17.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.26 - Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.

§ 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.
When real property is sold at public sale by auction in parts, as provided by G.S. 1-339.9, the sale of any part shall be subject to a separate upset bid; and, to the extent the judge or clerk of court having jurisdiction deems advisable, the sale of each part shall thereafter be treated as a separate sale for the purpose of determining the applicable procedure. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, s. 20; 2001-271, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.27A - Ordering resale of real property after sale or upset bid.

§ 1-339.27A. Ordering resale of real property after sale or upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk having jurisdiction may order a resale of real property. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order. (2001-271, s. 7.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.28 - Public sale; confirmation of sale.

§ 1-339.28. Public sale; confirmation of sale.
(a) No public sale of real property may be consummated until confirmed as follows:
(1) If a public sale is ordered by a judge of the Superior Court Division, it may thereafter be confirmed by a resident superior court judge of the district or a superior court judge regularly holding the courts of the district.
(2) If a public sale is ordered by a judge of the District Court Division, it may thereafter be confirmed by the judge so ordering, the chief district judge, or any district judge authorized by the chief judge to hear motions and enter interlocutory orders.
(3) If a public sale is ordered by a clerk of court, it may thereafter be confirmed by the clerk of court so ordering.
(b) No public sale of real property of a minor or incompetent originally ordered by a clerk may be consummated until confirmed both by the clerk and by a resident superior court judge of, or a judge regularly holding the courts of, the district or set of districts as defined in G.S. 7A-41.1(a).
(c) No public sale of real property sold at public auction may be confirmed until the time for submitting an upset bid, pursuant to G.S. 1-339.25, has expired.
(d) Confirmation of the public sale of personal property is necessary only in the case set out in G.S. 1-339.23(a), or when the order of sale provides for such confirmation.
(e) No public sale of timber sold by sealed bid shall be confirmed until the court determines that the highest bid is an adequate price for the timber sold and that sale to the highest bidder is in the best interest of the person or estate for whom the timber is being sold. In so doing, the court may consider any of the following factors:
(1) The appraisals obtained by the person who conducted the sale;
(2) The number and amounts of the other bids received;
(3) Comparable sales of similar timber within the relevant time period;
(4) Short-term market factors that depressed the price at the time of the sale;
(5) The likelihood of significantly increasing the price through another sale;
(6) The additional cost of conducting another sale;
(7) The effect on the person or estate for whom the timber is being sold of the delay that would result from conducting another sale; and
(8) Any other factors in evidence that the court considers relevant. (1949, c. 719, s. 1; 1971, c. 268, s. 20; 1997-83, ss. 26-28.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.29 - Public sale; real property; deed; order for possession.

§ 1-339.29. Public sale; real property; deed; order for possession.
(a) Upon confirmation of a public sale of real property, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of sale, shall deliver the deed to the purchaser.
(b) A person executing a deed to real property being conveyed pursuant to a public sale may recite in the deed, in addition to the usual provisions, substantially as follows
(1) The authority for making the sale,
(2) The title of the action or proceeding in which the sale was had,
(3) The name of the person authorized to make the sale,
(4) The fact that the sale was duly advertised,
(5) The date of the sale,
(6) The name of the highest bidder and the price bid,
(7) That the sale has been confirmed,
(8) That the terms of the sale have been complied with, and
(9) That the person executing the deed has been authorized to execute it.
(c) The judge or clerk of court having jurisdiction of the proceeding in which the property is sold may grant an order for possession of real property so sold and conveyed, as against all persons in possession who are parties to the proceeding.
(d) An order for possession granted pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1987, c. 627, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.31 - Public sale; report of commissioner or trustee in deed of trust.

§ 1-339.31. Public sale; report of commissioner or trustee in deed of trust.
(a) A commissioner or a trustee in a deed of trust, authorized pursuant to G.S. 1-339.4 to hold a public sale of property, shall, in addition to all other reports required by this Article, file with the clerk of the superior court an account of his receipts and disbursements as follows:
(1) When the sale is for cash, a final report shall be filed within thirty days after receipt of the proceeds of the sale;
(2) When the sale is wholly or partly on time and the commissioner or trustee is not required to collect deferred payments, a final report shall be filed within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price;
(3) When the commissioner or trustee is required to collect deferred payments,
a. He shall file a preliminary report within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price, and
b. If the period of time during which he is required to collect deferred payments extends over more than one year, he shall file an annual report of his receipts and disbursements, and
c. After collecting all deferred payments, he shall file a final report.
(b) The clerk shall audit and record the reports and accounts required to be filed pursuant to this section. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.32 - Public sale; final report of person, other than commissioner or trustee in deed of trust.

§ 1-339.32. Public sale; final report of person, other than commissioner or trustee in deed of trust.
An administrator, executor or collector of a decedent's estate, or a receiver, or a guardian or trustee of a minor's or incompetent's estate, or an administrator, collector, conservator or guardian of an absent or missing person's estate, is not required to file a special account of his receipts and disbursements for property sold at public sale pursuant to this Article unless so directed by the judge or clerk of court having jurisdiction of the sale proceeding, but shall include in his next following account or report, either annual or final, an account of such receipts and disbursements. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.33 - Private sale; order of sale.

§ 1-339.33. Private sale; order of sale.
Whenever a private sale is ordered, the order of sale shall
(1) Designate the person authorized to make the sale;
(2) Describe real property to be sold, by reference or otherwise, sufficiently to identify it;
(3) Describe personal property to be sold, by reference or otherwise, sufficiently to indicate its nature and quantity; and
(4) Prescribe such terms of sale as the judge or clerk of court ordering the sale deems advisable. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.34 - Private sale; exception; certain personal property.

§ 1-339.34. Private sale; exception; certain personal property.
(a) Notwithstanding any provisions of this Article, property described below may be sold at private sale at the current market price after first obtaining an order of sale:
(1) Property consisting of stocks, bonds or other securities the current market value of which is established by sales on any stock or securities exchange supervised or regulated by the United States government or any other of its agencies or departments, or
(2) Property consisting of stocks, bonds or other securities which are not sold on any stock or securities exchange supervised or regulated by the United States government or any other of its agencies or departments, but which are found by the judge or clerk having jurisdiction to have a known or readily ascertainable market value, or
(3) Property consisting of cattle, hogs, or other livestock, or cotton, corn, tobacco, peanuts or other farm commodities or produce, found by the judge or clerk having jurisdiction to have a known or readily ascertainable market value.
(b) Property determined by the judge or clerk having jurisdiction to be perishable property because subject to rapid deterioration may be sold at private sale after first obtaining an order of sale.
(c) Any sale made pursuant to this section is not subject to an upset bid, and is not required to be confirmed, but such sale is final. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.35 - Private sale; report of sale.

§ 1-339.35. Private sale; report of sale.
(a) The person holding a private sale shall, within five days after the date of the sale, file a report with the clerk of the superior court of the county where the proceeding for the sale is pending.
(b) The report shall be signed and shall show
(1) The title of the action or proceeding;
(2) The authority under which the person making the sale acted;
(3) A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold;
(4) A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;
(5) The name or names of the person or persons to whom the property was sold;
(6) The price at which the property, or each part thereof, was sold, and the terms of the sale; and
(7) The date of the report. (1947, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.36 - Private sale; upset bid; subsequent procedure; defaulting bidder.

§ 1-339.36. Private sale; upset bid; subsequent procedure; defaulting bidder.
(a) Every private sale of real or personal property, except a sale of personal property as provided by G.S. 1-339.34, is subject to an upset bid on the same conditions and in the same manner as is provided by G.S. 1-339.25.
(b) When an upset bid is made for property sold at private sale, subsequent procedure with respect to the upset bid is the same as for upset bids submitted in connection with real property sold at public sale, except that the notice of any resale of personal property held pursuant to an order granted under G.S. 1-339.27A need not be published in a newspaper but shall be posted as provided by G.S. 1-339.17.
(c) Subsections (e) and (f) of G.S. 1-339.30 apply to a defaulting bidder in a private sale. (1949, c. 719, s. 1; 2001-271, s. 9; 2021-91, s. 2(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.37 - Private sale; confirmation.

§ 1-339.37. Private sale; confirmation.
If no upset bid for property sold at private sale is submitted within 10 days after the report of sale or the last notice of upset bid is filed, the sale may then be confirmed, and the provisions of G.S. 1-339.28(a) and (b) are applicable to such confirmation whether the property sold is real or personal. Unless otherwise provided in the order of sale, no confirmation is required of any sale held as provided by G.S. 1-339.34. (1949, c. 719, s. 1; 2001-271, s. 10.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.38 - Private sale; real property; deed; order for possession.

§ 1-339.38. Private sale; real property; deed; order for possession.
(a) Upon confirmation of a private sale of real property, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of the sale, shall deliver the deed to the purchaser.
(b) The judge or clerk of court having jurisdiction of the proceeding in which the property is sold may grant an order for possession of real property so sold and conveyed, as against all persons in possession who are parties to the proceeding. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.39 - Private sale; personal property; delivery; bill of sale.

§ 1-339.39. Private sale; personal property; delivery; bill of sale.
Upon compliance by the purchaser with the terms of a private sale of personal property, and upon confirmation of the sale when confirmation is required by G.S. 1-339.37, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall deliver the property to the purchaser, and may execute and deliver a bill of sale or other muniment of title, and, upon application of the purchaser, shall do so when required by the judge or clerk having jurisdiction. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.40 - Private sale; final report.

§ 1-339.40. Private sale; final report.
(a) A commissioner or a trustee in a deed of trust authorized pursuant to G.S. 1-339.4 to hold a private sale of property shall make such a final report as is specified in G.S. 1-339.31.
(b) Any other person authorized pursuant to G.S. 1-339.4 to hold a private sale of property shall make such a final report as is specified in G.S. 1-339.32. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.41 - Definitions.

§ 1-339.41. Definitions.
(a) An execution sale is a sale of property by a sheriff or other officer made pursuant to an execution.
(b) As used in this article,
(1) "Sale" means an execution sale;
(2) "Sheriff" means a sheriff or any officer authorized to hold an execution sale. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.42 - Clerk's authority to fix procedural details.

§ 1-339.42. Clerk's authority to fix procedural details.
The clerk of the superior court who issues an execution has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.44 - Place of sale.

§ 1-339.44. Place of sale.
(a) Every sale of real property shall be held at the courthouse door in the county where the property is situated unless the property consists of a single tract situated in two or more counties.
(b) A sale of a single tract of real property situated in two or more counties may be held at the courthouse door in any one of the counties in which any part of the tract is situated, but no sheriff shall hold any sale outside his own county. As used in this section, a "single tract" means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons or whether it may have been subdivided into other units or lots, or whether it is sold as a whole or in parts.
(c) A sale of personal property may be held at any place in his county designated by the sheriff in the notice of sale. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.46 - Sale as a whole or in parts.

§ 1-339.46. Sale as a whole or in parts.
When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the sheriff may sell such real or personal property as a whole or in designated parts, or may offer the property for sale by each method, and then sell the property by the method which produces the highest price; but regardless of which method is followed, the sheriff shall not sell more property than is reasonably necessary to satisfy the judgment together with the costs of the execution and the sale. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.48 - Life of execution.

§ 1-339.48. Life of execution.
If an execution is issued on a judgment, within the time provided by G.S. 1-306, and a sale, by authority of that execution, is commenced within the time provided by G.S. 1-310, the sale, including any resale, may be had and completed even though such sales, resales or other procedure are had after the time when the execution is required to be returned by G.S. 1-310, or after the time within which an execution could be issued with respect to such judgment pursuant to the provisions of G.S. 1-306. For the purpose of this section, a sale is commenced when the notice of sale is first published in the case of real property as required by G.S. 1-339.52, or first posted in the case of personal property as required by G.S. 1-339.53. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.49 - Penalty for selling contrary to law.

§ 1-339.49. Penalty for selling contrary to law.
A sheriff or other officer who makes any sale contrary to the true intent and meaning of this Article shall forfeit two hundred dollars to any person suing for it, one half for his own use and the other half to the use of the county where the offense is committed. (1820, c. 1066, s. 2, P.R.; 1822, c. 1153, s. 3, P.R.; R.C., c. 45, s. 18; Code, s. 461; Rev., s. 649; C.S., s. 696; 1949, c. 719, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.50 - Officer's return of no sale for want of bidders; penalty.

§ 1-339.50. Officer's return of no sale for want of bidders; penalty.
When a sheriff or other officer returns upon an execution that he has made no sale for want of bidders, he must state in his return the several places he has advertised and offered for sale the property levied on; and an officer failing to make such statement is on motion subject to a fine of forty dollars, for the use and benefit of the plaintiff in the execution; for which, on motion of the plaintiff, judgment shall be granted by the court to which, or by justice to whom, the execution shall be returned. Nothing in, nor any recovery under, this section is a bar to any action for a false return against the sheriff or other officer. (1815, c. 887, P.R.; R.C., c. 45, s. 19; Code, s. 462; Rev., s. 650; C.S., s. 697; 1949, c. 719, s. 2; 1995, c. 379, s. 14(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.51 - Contents of notice of sale.

§ 1-339.51. Contents of notice of sale.
The notice of sale shall
(1) Refer to the execution authorizing the sale;
(2) Designate the date, hour and place of sale;
(3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it, and may add such further description as will acquaint bidders with the nature and location of the property;
(4) Describe personal property to be sold sufficiently to indicate its nature and quantity, and may add such further description as will acquaint bidders with the nature of the property; and
(5) State that the sale will be made to the highest bidder for cash. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.52 - Posting and publishing notice of sale of real property.

§ 1-339.52. Posting and publishing notice of sale of real property.
(a) The notice of sale of real property shall:
(1) Be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the property is situated, for at least 20 days immediately preceding the sale; and
(2) Be published once a week for at least two successive weeks:
a. In a newspaper qualified for legal advertising published in the county; or
b. If no newspaper qualified for legal advertising is published in the county, in a newspaper having general circulation in the county.
(b) When the notice of sale is published in a newspaper:
(1) The period from the date of the first publication to the date of the last publication, both dates inclusive, shall not be less than seven days, including Sundays; and
(2) The date of the last publication shall be not more than 10 days preceding the date of the sale.
(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) shall be complied with in each county in which any part of the property is situated. (1949, c. 719, s. 1; 1967, c. 979, s. 2; 2001-271, s. 11.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.53 - Posting notice of sale of personal property.

§ 1-339.53. Posting notice of sale of personal property.
The notice of sale of personal property, except in the case of perishable property as specified in G.S. 1-339.56, shall be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the sale is to be held, for 10 days immediately preceding the date of sale. (1949, c. 719, s. 1; 2001-271, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.54 - Notice to judgment debtor of sale of real property.

§ 1-339.54. Notice to judgment debtor of sale of real property.
In addition to complying with G.S. 1-339.52, relating to posting and publishing the notice of sale, the sheriff shall, at least ten days before the sale of real property, take the following action:
(1) If the judgment debtor is found in the county, serve a copy of the notice of sale on the judgment debtor personally.
(2) If the judgment debtor is not found in the county, send and serve notice as follows:
a. Send a copy of the notice of sale by registered or certified mail, return receipt requested, to the judgment debtor at the judgment debtor's last address known to the sheriff.
b. Serve a copy of the notice of sale on the judgment debtor's agent, if there is in the county a person known to the sheriff to be an agent who has custody or management of, or who exercises control over, any property in the county belonging to the judgment debtor. (1949, c. 719, s. 1; 2021-91, s. 1(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.55 - Notification of Governor and Attorney General.

§ 1-339.55. Notification of Governor and Attorney General.
When the State is a stockholder in any corporation whose property is to be sold under execution, notice in writing shall be given by the sheriff by registered mail to the Governor and the Attorney General at least thirty days before the sale, stating the time and place of the sale and including a copy of the process under the authority of which such sale is to be made. Any sale held without complying with the provisions of this section is invalid with respect to the State. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.56 - Exception; perishable property.

§ 1-339.56. Exception; perishable property.
If, in the opinion of the sheriff, any personal property levied on under execution is perishable because subject to rapid deterioration, he shall forthwith report such levy, together with a description of the property, to the clerk of the superior court, and request instructions as to the sale of such property. If the clerk then determines that the property is such perishable property, he shall thereupon order a sale thereof to be held at such time and place and upon such notice to be given in such manner and for such length of time as he deems advisable. If the clerk determines that the property is not perishable, he shall order it to be sold in the same manner as other nonperishable property. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.57 - Satisfaction of judgment before sale completed.

§ 1-339.57. Satisfaction of judgment before sale completed.
If, prior to the time fixed for a sale, or prior to the expiration of the time allowed for submitting any upset bid, payment is made or tendered to the sheriff of the judgment and costs with respect to which the execution was issued, and the sheriff's fees, commissions and expenses which have accrued, together with any expenses incurred on account of the sale or proposed sale including costs incurred in caring for the property levied on, then any right to effect a sale pursuant to the execution ceases. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.58 - Postponement of sale.

§ 1-339.58. Postponement of sale.
(a) The sheriff may postpone the sale to a day certain not later than 90 days after the original date for the sale if any of the following occurs:
(1) There are no bidders.
(2) In the sheriff's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3) There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the sheriff's judgment, to hold the sale on that day.
(4) The sheriff is unable to hold the sale because of illness or for other good reason.
(5) Other good cause exists.
The sheriff may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to G.S. 1A-1, Rule 6.
(b) Upon each postponement of the sale, the sheriff shall do all of the following:
(1) At the time and place advertised for the sale, publicly announce the postponement of the sale.
(2) On the same day, attach to or enter on the notice of sale, posted as provided by G.S. 1-339.52 in the case of real property or G.S. 1-339.53 in the case of personal property, a notice of the postponement.
(3) Give written or oral notice of postponement to the judgment debtor. Written notice of postponement shall be served in any manner provided in G.S. 1A-1, Rule 5(b).
(c) The posted notice of postponement shall be signed by the sheriff and shall state the following:
(1) That the sale is postponed.
(2) The hour and date to which the sale is postponed.
(3) The reason for the postponement.
(4) Repealed by Session Laws 2022-60, s. 2(b), effective October 1, 2022, and applicable to sales noticed on or after that date.
(d) If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, the sheriff shall report these facts to the clerk of the superior court, who shall order the time and place of the sale of the property and the manner and length of time for the notice of the sale. Nothing in this section relieves the sheriff of liability for the nonperformance of the sheriff's official duty. (1949, c. 719, s. 1; 2001-271, s. 13; 2022-60, s. 2(b).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.59 - Procedure upon dissolution of order restraining or enjoining sale.

§ 1-339.59. Procedure upon dissolution of order restraining or enjoining sale.
(a) When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required notice of sale has been given, provide by order that the sale shall be held without additional notice at the time and place originally fixed therefor, or he may, in his discretion, make an order with respect thereto as provided in subsection (b).
(b) When, after the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he shall by order fix the time and place for the sale to be held upon notice to be given in such manner and for such length of time as he deems advisable. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.60 - Time of sale.

§ 1-339.60. Time of sale.
(a) A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place.
(b) No sale shall commence before 10:00 o'clock A.M. or after 4:00 o'clock P.M.
(c) No sale shall continue after 4:00 o'clock P.M., except that in cities or towns of more than 5,000 inhabitants, as shown by the most recent federal census, sales of personal property may continue until 10:00 o'clock P.M. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.61 - Continuance of uncompleted sale.

§ 1-339.61. Continuance of uncompleted sale.
A sale commenced but not completed within the time allowed by G.S. 1-339.60 shall be continued by the sheriff to a designated time between 10:00 o'clock A.M. and 4:00 o'clock P.M. the next following day, other than Sunday. In case such continuance becomes necessary, the sheriff shall publicly announce the time to which the sale is continued. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.62 - Delivery of personal property; bill of sale.

§ 1-339.62. Delivery of personal property; bill of sale.
A sheriff holding a sale of personal property shall deliver the property to the purchaser immediately upon receipt of the purchase price. The sheriff may also execute and deliver a bill of sale or other muniment of title for any personal property sold, and, upon application of the purchaser, shall do so when required by the clerk of the superior court of the county where the property is sold. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.63 - Report of sale.

§ 1-339.63. Report of sale.
(a) The sheriff shall, within five days after the date of the sale, file a report thereof with the clerk of the superior court.
(b) The report shall be signed and shall show
(1) The title of the action or proceeding;
(2) The authority under which the sheriff acted;
(3) The date, hour and place of the sale;
(4) A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold;
(5) A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;
(6) The name or names of the person or persons to whom the property was sold;
(7) The price at which the property, or each part thereof, was sold and that such price was the highest bid therefor; and
(8) The date of the report. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.65 - Separate upset bids when real property sold in parts; subsequent procedure.

§ 1-339.65. Separate upset bids when real property sold in parts; subsequent procedure.
When real property is sold in parts, as provided by G.S. 1-339.46, the sale of any part shall be subject to a separate upset bid; and to the extent the clerk of the superior court having jurisdiction deems advisable, the sale of each part shall thereafter be treated as a separate sale for the purpose of determining the applicable procedure. (1949, c. 719, s. 1; 2001-271, s. 15.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.66A - Ordering resale of real property after upset bid.

§ 1-339.66A. Ordering resale of real property after upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the clerk of superior court may order a resale of real property when an upset bid is submitted as provided in G.S. 1-339.64. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order. (2001-271, s. 17.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.67 - Confirmation of sale of real property.

§ 1-339.67. Confirmation of sale of real property.
No sale of real property may be consummated until the sale is confirmed by the clerk of the superior court. No order of confirmation may be made until the time for submitting an upset bid, pursuant to G.S. 1-339.64, has expired. (1949, c. 719, s. 1; 1967, c. 979, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.68 - Deed for real property sold; property subject to liens; orders for possession.

§ 1-339.68. Deed for real property sold; property subject to liens; orders for possession.
(a) Upon confirmation of a sale of real property, the sheriff, upon order of the clerk of the superior court, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of the sale, shall deliver the deed to the purchaser.
(b) Any real property sold under execution remains subject to all liens which became effective prior to the lien of the judgment pursuant to which the sale is held, in the same manner and to the same extent as if no such sale had been held.
(c) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of the sale who remain in possession at the time of application therefor, may be issued by the clerk of the superior court of the county in which such property is sold, when:
(1) The purchaser is entitled to possession, and
(2) The purchase price has been paid, and
(3) The sale or resale has been confirmed, and
(4) Ten days' notice has been given to the party or parties in possession at the time of the sale or resale who remain in possession at the time application is made, and
(5) Application is made to such clerk by the purchaser of the property.
(d) An order for possession issued pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. (1949, c. 719, s. 1; 1967, c. 979, s. 2; 1987, c. 627, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29B - Execution Sales. › § 1-339.69 - Failure of bidder to comply with bid; resale.

§ 1-339.69. Failure of bidder to comply with bid; resale.
(a) When the highest bidder at a sale of personal property fails to pay the amount of the bid, the sheriff shall at the same time and place immediately resell the property. In the event no other bid is received, a new sale may be advertised in the regular manner provided by this Article for an original sale.
(b) When the highest bidder at a sale or resale of real property or any upset bidder fails to comply with the bid within 10 days after the tender to the bidder of a deed for the property or after a bona fide attempt to tender such deed, the clerk of the superior court who issued the execution may order a resale. The procedure for such resale is the same in every respect as is provided by this Article in the case of an original sale of real property.
(c) A defaulting bidder at any sale or resale or any defaulting upset bidder is liable on the bid, and in case a resale is had because of the default, the defaulting bidder remains liable to the extent that the final sale price is less than the bid plus all costs of the resale or resales. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under this section.
(d) Nothing in this section deprives any person of any other remedy against the defaulting bidder. (1949, c. 719, s. 1; 2001-271, s. 18.)