§ 45-21.32 – Special proceeding to determine ownership of surplus.
45-21.32. Special proceeding to determine ownership of surplus. (a) A special proceeding may be instituted before the clerk of the superior court by any person claiming any money, or part thereof, paid into the clerk’s office under G.S. 45-21.31, to determine who is entitled thereto. (b) All other persons who have filed with the clerk […]
§ 45-21.33 – Final report of sale of real property.
45-21.33. Final report of sale of real property. (a) A person who holds a sale of real property pursuant to a power of sale shall file with the clerk of the superior court of the county where the sale is held a final report and account of his receipts and disbursements within 30 days after […]
§ 45-21.29A – No necessity for confirmation of sale.
45-21.29A. No necessity for confirmation of sale. No confirmation of sales or resales of real property made pursuant to this Article shall be required. If an upset bid is not filed following a sale, resale, or prior upset bid within the period specified in this Article, the rights of the parties to the sale or […]
§ 45-21.30 – Failure of bidder to make cash deposit or to comply with bid; resale.
45-21.30. Failure of bidder to make cash deposit or to comply with bid; resale. (a) If the terms of a sale of real property require the highest bidder to make a cash deposit at the sale, and he fails to make such required deposit, the person holding the sale shall at the same time and […]
§ 45-21.31 – Disposition of proceeds of sale; payment of surplus to clerk.
45-21.31. Disposition of proceeds of sale; payment of surplus to clerk. (a) The proceeds of any sale shall be applied by the person making the sale, in the following order, to the payment of – (1) Costs and expenses of the sale, including the trustee’s commission, if any, and a reasonable auctioneer’s fee if such […]
§ 45-21.17 – Posting and publishing notice of sale of real property.
45-21.17. Posting and publishing notice of sale of real property. In addition to complying with such provisions with respect to posting or publishing notice of sale as are contained in the security instrument, (1) Notice of sale of real property shall a. Be posted, in the area designated by the clerk of superior court for […]
§ 45-21.17A – Requests for copies of notice.
45-21.17A. Requests for copies of notice. (a) Any person desiring a copy of any notice of sale may, at any time subsequent to the recordation of the security instrument and prior to the filing of notice of hearing provided for in G.S. 45-21.16, cause to be filed for record in the office of the register […]
§ 45-21.20 – Satisfaction of debt after publishing or posting notice, but before completion of sale.
45-21.20. Satisfaction of debt after publishing or posting notice, but before completion of sale. A power of sale is terminated if, prior to the time fixed for a sale, or prior to the expiration of the time for submitting any upset bid after a sale or resale has been held, payment is made or tendered […]
§ 45-21.21 – Postponement of sale; notice of cancellation.
45-21.21. Postponement of sale; notice of cancellation. (a) Any person exercising a power of sale may postpone the sale to a day certain not later than 90 days, exclusive of Sunday, after the original date for the sale – (1) When there are no bidders, or (2) When, in his judgment, the number of prospective […]
§ 45-21.22 – Procedure upon dissolution of order restraining or enjoining sale, or upon debtor's bankruptcy before completion of sale.
45-21.22. Procedure upon dissolution of order restraining or enjoining sale, or upon debtor’s bankruptcy before completion of 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 […]