State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_21

§ 45‑21.21. Postponement of sale.

(a)        Any personexercising a power of sale may postpone the sale to a day certain not laterthan 90 days, exclusive of Sunday, after the original date for the sale –

(1)        When there are nobidders, or

(2)        When, in his judgment,the number of prospective bidders at the sale is substantially decreased byinclement weather or by any casualty, or

(3)        When there are somany other sales advertised to be held at the same time and place as to make itinexpedient and impracticable, in his judgment, to hold the sale on that day,or

(4)        When he is unable tohold the sale because of illness or for other good reason, or

(5)        When other goodcause exists.

Theperson exercising a power of sale may postpone the sale more than once wheneverany of the above conditions are met, so long as the sale is held not later than90 days after the original date for the sale.

(b)        Upon postponementof a sale, the person exercising the power of sale shall personally, or throughhis agent or attorney –

(1)        At the time andplace advertised for the sale, publicly announce the postponement thereof;

(2)        On the same day,attach to or enter on the original notice of sale or a copy thereof, posted atthe courthouse door, as provided by G.S. 45‑21.17, a notice of the postponement;and

(3)        Give written or oralnotice of postponement to each party entitled to notice of sale under G.S. 45‑21.17.

(c)        The posted noticeof postponement shall –

(1)        State that the saleis postponed,

(2)        State the hour anddate to which the sale is postponed,

(3)        State the reason forthe postponement, and

(4)        Be signed by theperson authorized to hold the sale, or by his agent or attorney.

(d)        If a sale is notheld at the time fixed therefor and is not postponed as provided by thissection, or if a postponed sale is not held at the time fixed therefor orwithin 90 days of the date originally fixed for the sale, then prior to suchsale taking place the provisions of G.S. 45‑21.16 need not be compliedwith but the provisions of G.S. 45‑21.16A, 45‑21.17, and 45‑21.17Ashall be again complied with, or if on appeal, the appellate court orders thesale to be held, as to such sale so authorized the provisions of G.S. 45‑21.16need not be complied with again but those of G.S. 45‑21.16A, 45‑21.17,and 45‑21.17A shall be.

(e)        A sale may bepostponed more than once provided the final postponed sale date is not laterthan 90 days, exclusive of Sunday and legal holidays when the courthouse isclosed for transactions, after the original date for the sale. (1949, c. 720, s. 1; 1967, c.562, s. 2; 1975, c. 492, ss. 4‑6; 1983, c. 335, s. 2; 1989, c. 257; 1991(Reg. Sess., 1992), c. 777, s. 1; 1993, c. 305, s. 12; 1995, c. 509, s. 25;2003‑337, s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_21

§ 45‑21.21. Postponement of sale.

(a)        Any personexercising a power of sale may postpone the sale to a day certain not laterthan 90 days, exclusive of Sunday, after the original date for the sale –

(1)        When there are nobidders, or

(2)        When, in his judgment,the number of prospective bidders at the sale is substantially decreased byinclement weather or by any casualty, or

(3)        When there are somany other sales advertised to be held at the same time and place as to make itinexpedient and impracticable, in his judgment, to hold the sale on that day,or

(4)        When he is unable tohold the sale because of illness or for other good reason, or

(5)        When other goodcause exists.

Theperson exercising a power of sale may postpone the sale more than once wheneverany of the above conditions are met, so long as the sale is held not later than90 days after the original date for the sale.

(b)        Upon postponementof a sale, the person exercising the power of sale shall personally, or throughhis agent or attorney –

(1)        At the time andplace advertised for the sale, publicly announce the postponement thereof;

(2)        On the same day,attach to or enter on the original notice of sale or a copy thereof, posted atthe courthouse door, as provided by G.S. 45‑21.17, a notice of the postponement;and

(3)        Give written or oralnotice of postponement to each party entitled to notice of sale under G.S. 45‑21.17.

(c)        The posted noticeof postponement shall –

(1)        State that the saleis postponed,

(2)        State the hour anddate to which the sale is postponed,

(3)        State the reason forthe postponement, and

(4)        Be signed by theperson authorized to hold the sale, or by his agent or attorney.

(d)        If a sale is notheld at the time fixed therefor and is not postponed as provided by thissection, or if a postponed sale is not held at the time fixed therefor orwithin 90 days of the date originally fixed for the sale, then prior to suchsale taking place the provisions of G.S. 45‑21.16 need not be compliedwith but the provisions of G.S. 45‑21.16A, 45‑21.17, and 45‑21.17Ashall be again complied with, or if on appeal, the appellate court orders thesale to be held, as to such sale so authorized the provisions of G.S. 45‑21.16need not be complied with again but those of G.S. 45‑21.16A, 45‑21.17,and 45‑21.17A shall be.

(e)        A sale may bepostponed more than once provided the final postponed sale date is not laterthan 90 days, exclusive of Sunday and legal holidays when the courthouse isclosed for transactions, after the original date for the sale. (1949, c. 720, s. 1; 1967, c.562, s. 2; 1975, c. 492, ss. 4‑6; 1983, c. 335, s. 2; 1989, c. 257; 1991(Reg. Sess., 1992), c. 777, s. 1; 1993, c. 305, s. 12; 1995, c. 509, s. 25;2003‑337, s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-21_21

§ 45‑21.21. Postponement of sale.

(a)        Any personexercising a power of sale may postpone the sale to a day certain not laterthan 90 days, exclusive of Sunday, after the original date for the sale –

(1)        When there are nobidders, or

(2)        When, in his judgment,the number of prospective bidders at the sale is substantially decreased byinclement weather or by any casualty, or

(3)        When there are somany other sales advertised to be held at the same time and place as to make itinexpedient and impracticable, in his judgment, to hold the sale on that day,or

(4)        When he is unable tohold the sale because of illness or for other good reason, or

(5)        When other goodcause exists.

Theperson exercising a power of sale may postpone the sale more than once wheneverany of the above conditions are met, so long as the sale is held not later than90 days after the original date for the sale.

(b)        Upon postponementof a sale, the person exercising the power of sale shall personally, or throughhis agent or attorney –

(1)        At the time andplace advertised for the sale, publicly announce the postponement thereof;

(2)        On the same day,attach to or enter on the original notice of sale or a copy thereof, posted atthe courthouse door, as provided by G.S. 45‑21.17, a notice of the postponement;and

(3)        Give written or oralnotice of postponement to each party entitled to notice of sale under G.S. 45‑21.17.

(c)        The posted noticeof postponement shall –

(1)        State that the saleis postponed,

(2)        State the hour anddate to which the sale is postponed,

(3)        State the reason forthe postponement, and

(4)        Be signed by theperson authorized to hold the sale, or by his agent or attorney.

(d)        If a sale is notheld at the time fixed therefor and is not postponed as provided by thissection, or if a postponed sale is not held at the time fixed therefor orwithin 90 days of the date originally fixed for the sale, then prior to suchsale taking place the provisions of G.S. 45‑21.16 need not be compliedwith but the provisions of G.S. 45‑21.16A, 45‑21.17, and 45‑21.17Ashall be again complied with, or if on appeal, the appellate court orders thesale to be held, as to such sale so authorized the provisions of G.S. 45‑21.16need not be complied with again but those of G.S. 45‑21.16A, 45‑21.17,and 45‑21.17A shall be.

(e)        A sale may bepostponed more than once provided the final postponed sale date is not laterthan 90 days, exclusive of Sunday and legal holidays when the courthouse isclosed for transactions, after the original date for the sale. (1949, c. 720, s. 1; 1967, c.562, s. 2; 1975, c. 492, ss. 4‑6; 1983, c. 335, s. 2; 1989, c. 257; 1991(Reg. Sess., 1992), c. 777, s. 1; 1993, c. 305, s. 12; 1995, c. 509, s. 25;2003‑337, s. 3.)