§ 46A-83 – Petition for revocation of confirmation order.
46A-83. Petition for revocation of confirmation order. (a) Grounds for Revocation. – Notwithstanding G.S. 46A-76 or any other provision of law, within 15 days of entry of the order confirming the partition sale of real property, the purchaser or any party to the partition proceeding may petition the court to revoke its order of confirmation […]
§ 46A-84 – Petition for revocation based on inadequate price.
46A-84. Petition for revocation based on inadequate price. In the case of a petition brought pursuant to G.S. 46A-83(a)(2)c., and when an independent appraisal of the property being sold has not been previously entered into evidence in the action, and upon the request of any party, the court may order an independent appraisal prepared by […]
§ 46A-84.5 – Petition for revocation based on default bid.
46A-84.5. Petition for revocation based on default bid. If a purchaser in a partition sale defaults on the purchaser’s bid, any party to the partition proceeding or the officer or person designated to make the sale may at any time petition the court to revoke its order confirming the partition sale. The petitioner for revocation […]
§ 46A-85 – Order becoming final; appeal; purchase of property.
46A-85. Order becoming final; appeal; purchase of property. (a) Order Becoming Final; Appeal. – An order confirming the partition sale of real property becomes final 15 days after entry of the order of confirmation or when the clerk denies a petition for revocation, whichever occurs later. A party may appeal an order confirming the partition […]
§ 46A-86 – Sale proceeds belonging to certain parties.
46A-86. Sale proceeds belonging to certain parties. (a) Minor; Incompetent Adult. – When real property is sold under this Chapter and a party to the proceeding is a minor or an incompetent adult, the court shall take appropriate steps to secure the proceeds for the benefit of the party, including any of the following: (1) […]
§ 46A-58 – Clerk to docket owelty.
46A-58. Clerk to docket owelty. If the court orders owelty, the clerk shall enter the owelty on the judgment docket in the same manner as judgments are entered on the docket. The clerk shall mark as plaintiffs on the judgment docket persons whose shares are to be paid owelty, and the clerk shall mark as […]
§ 46A-59 – Order for possession.
46A-59. Order for possession. (a) An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the […]
§ 46A-75 – Sale in lieu of actual partition.
46A-75. Sale in lieu of actual partition. (a) Subject to G.S. 46A-29(b), the court shall order a sale of the real property described in the petition, or of any part of the property, under this Part only if it finds by a preponderance of the evidence that an actual partition of the property pursuant to […]
§ 46A-76 – Sale procedure.
46A-76. Sale procedure. (a) General. – The procedure for a partition sale is the same as is provided in Article 29A of Chapter 1 of the General Statutes, except as provided in this Part. (b) One Commissioner Sufficient. – In a partition sale, the court is not required to appoint more than one commissioner. (c) […]
§ 46A-77 – Cotenant credit.
46A-77. Cotenant credit. Any cotenant entering the high bid or offer at any sale of one hundred percent (100%) of the undivided interests in any parcel of real property shall receive a credit for the undivided interest the cotenant already owns in the real property and shall receive a corresponding reduction in the amount of […]