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21,583 statutes · page 13 of 1,080
United States — North Carolina
1 provisions
If the State owns stock in a corporation whose property is being sold under execution, the sheriff must send written notice by registered mail to the Governor and Attorney General at least 30 days before the sale.
United States — North Carolina
1 provisions
If levied property is perishable, the sheriff must report it and ask the clerk for instructions; the clerk then orders how the sale will be handled.
United States — North Carolina
1 provisions
If payment or tender is made to the sheriff before the sale time or before the upset-bid period ends, covering the judgment, costs, and related sheriff and sale expenses, the right to carry out the sale stops.
United States — North Carolina
1 provisions
The sheriff may postpone a sale for certain listed reasons, but must keep the sale within 90 days of the original date and must give notice of the postponement.
United States — North Carolina
1 provisions
A judge who dissolves an order blocking a sale may let the sale proceed at the original time and place without extra notice, or may issue another order. If the dissolution happens after the sale date, the judge must set the time and place for the sale and decide how long and how notice must be given.
United States — North Carolina
1 provisions
Public sales of real property generally must be held in the county where the property is located, with limited exceptions; some sales of personal property may be held at a place in the State named in the order.
United States — North Carolina
1 provisions
This section sets when a sale may start and end, with a limited exception for certain personal property sales in larger towns.
United States — North Carolina
1 provisions
If a sale is started but not finished in time, the sheriff must continue it to the next day between 10:00 a.m. and 4:00 p.m., not on Sunday, and announce the new time publicly.
United States — North Carolina
1 provisions
A sheriff selling personal property must deliver it to the purchaser right after payment is received, and may issue a bill of sale or similar title document.
United States — North Carolina
1 provisions
The sheriff must file a signed report of the sale with the clerk of the superior court within five days after the sale.
United States — North Carolina
1 provisions
An upset bidder must file a deposit and notice with the clerk, meet minimum bid and deposit amounts, and follow a 10-day reopening period for further upset bids.
United States — North Carolina
1 provisions
If real property is sold in parts, each part is subject to a separate upset bid, and the clerk may treat each part as a separate sale for procedure purposes.
United States — North Carolina
1 provisions
This section was repealed, effective January 1, 2002.
United States — North Carolina
1 provisions
An interested person may ask the clerk of superior court to order a resale of real property after an upset bid, if the motion is filed within 10 days and there is good cause.
United States — North Carolina
1 provisions
A real property sale cannot be completed until the clerk of the superior court confirms the sale.
United States — North Carolina
1 provisions
After a confirmed real-property sale, the sheriff must prepare and deliver a deed to the purchaser, and the clerk may issue possession orders if listed conditions are met.
United States — North Carolina
1 provisions
If a winning bidder fails to pay or comply, the property may be resold, and the bidder remains liable for losses and resale costs.
United States — North Carolina
1 provisions
The person holding a public sale of personal property must have the property present at the sale location, unless the order of sale allows otherwise.
United States — North Carolina
1 provisions
The sheriff must pay execution-sale proceeds to the clerk after deductions, and the clerk must apply them to the judgment; any surplus goes to the entitled person or is held if ownership is unclear.
United States — North Carolina
1 provisions
A person claiming money held in the clerk’s office may start a special proceeding to decide who owns it, and other known claimants must be made defendants.