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 […]
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 […]
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 […]
1-339.64. Upset bid on real property; compliance bond. (a) An upset bid is an advanced, increased, or raised bid whereby a person offers to purchase real property theretofore sold for an amount exceeding the reported sale price or last upset bid by a minimum of five percent (5%) thereof, but in any event with a […]
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 […]
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 […]
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. […]
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 […]
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 […]
1-339.70. Disposition of proceeds of sale. (a) After deducting all sums due him on account of the sale, including the expenses incurred in caring for the property so long as his responsibility for such care continued, the sheriff shall pay the proceeds of the sale to the clerk of the superior court who issued the […]
1-339.71. 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. 1-339.70 or G.S. 105-374(q)(6), to determine who is entitled thereto. (b) All other persons who have filed […]
