1-339.1. Definitions. (a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in the superior or district court, including a sale pursuant to an order made in an action in court to foreclose a mortgage or deed of trust, but is […]
1-339.10. Bond of person holding sale. (a) Whenever a commissioner specially appointed or a trustee in a deed of trust is ordered to sell property, the judge or clerk of court having jurisdiction (1) May in any case require the commissioner or trustee, before receiving the proceeds of the sale, to furnish bond to cover […]
1-339.11. Compensation of person holding sale. (a) If the person holding a sale is a commissioner specially appointed or a trustee in a deed of trust, the judge or clerk of court having jurisdiction shall fix the amount of his compensation and order the payment thereof out of the proceeds of the sale. (b) If […]
1-339.12. Clerk’s authority to compel report or accounting; contempt proceeding. Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account, the clerk of the superior court, having jurisdiction, on his own motion or on motion of any interested party, may issue […]
1-339.13. Public sale; order of sale. (a) Whenever a public sale is ordered, the order of sale shall (1) Designate the person authorized to hold the sale; (2) Direct that the property be sold at public auction to the highest bidder or, in the case of a sale of timber, direct that the timber be […]
1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure. (a) When a sale of timber by sealed bid is ordered, the person holding the sale, before giving notice of the sale, shall: (1) Obtain one or more appraisals of the timber to be sold; (2) Determine the place at which and the manner […]
1-339.14. Public sale; judge’s approval of clerk’s order of sale. An order of public sale of personal property in which a minor or incompetent has an interest, which is made by a clerk of the superior court, shall not be effective, except in the case of perishable property as provided by G.S. 1-339.19, unless and […]
1-339.15. Public sale; contents of notice of sale. The notice of public sale shall: (1) Refer to the order authorizing the sale; (2) If the sale is to be by public auction, designate the date, hour and place of sale; (2a) If the sale is to be a sale of timber by sealed bid, specify: […]
1-339.16. Public sale; time for beginning advertisement. An order of sale may provide for the beginning of the advertisement of sale at any time after the order is issued. If the order does not specify such time, the advertisement may be begun at any time after the order is issued. (1949, c. 719, s. 1.)
1-339.17. Public sale; posting and publishing notice of sale of real property. (a) Subject to subsection (d) of this section, notice of public 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, […]
1-339.18. Public sale; posting notice of sale of personal property. (a) The notice of public sale of personal property, except in the case of perishable property as provided by G.S. 1-339.19, shall be posted, in the area designated by the clerk of superior court for the posting of notices, in the county in which the […]
1-339.19. Public sale; exception; perishable property. If personal property to be sold at public sale is determined by the judge or clerk of court having jurisdiction to be perishable property because subject to rapid deterioration, he may order the sale thereof to be held at such time and place and upon such notice to be […]
1-339.2. Application of Part 1. The provisions of Part 1 of this Article apply to both public and private sales except where otherwise indicated. (1949, c. 719, s. 1.)
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 six days, exclusive of Sunday, after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may […]
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) […]
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 […]
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 […]
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 […]
1-339.25. Public sale; upset bid on real property; compliance bond. (a) An upset bid is an advanced, increased, or raised bid in a public sale by auction whereby a person offers to purchase real property theretofore sold for an amount exceeding the reported sale price or the last upset bid by a minimum of five […]
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 […]
