State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_17

§ 1‑339.17.  Publicsale; posting and publishing notice of sale of real property.

(a)        Subject tosubsection (d) of this section, notice of public sale of real property shall:

(1)        Be posted, in thearea designated by the clerk of superior court for the posting of notices inthe county in which the property is situated, for at least 20 days immediatelypreceding the sale; and

(2)        Be published once aweek for at least two successive weeks:

a.         In a newspaperqualified for legal advertising published in the county; or

b.         If no newspaperqualified for legal advertising is published in the county, in a newspaperhaving general circulation in the county.

(b)        When the notice ofpublic sale is published in a newspaper:

(1)        The period from thedate of the first publication to the date of the last publication, both datesinclusive, shall not be less than seven days, including Sundays; and

(2)        The date of the lastpublication shall be not more than 10 days preceding the date of the sale in asale by auction or the date on which sealed bids are opened in a sale by sealedbid.

(c)        When the realproperty to be sold is situated in more than one county, the provisions ofsubsections (a) and (b) of this section shall be complied with in each countyin which any part of the property is situated.

(c1)      When the public saleis a sale of timber by sealed bid, the notice shall also be given in writing,not less than 21 days before the date on which bids are opened, to a reasonablenumber of prospective timber buyers, which in all cases shall include thetimber buyers listed in the office of the Division of Forest Resources for thecounty or counties in which the timber to be sold is located.

(d)        In addition to theother requirements of this section, the notice of public sale shall be postedor the sale shall be advertised as may be required by the judge or clerkpursuant to the provisions of G.S. 1‑339.13(b)(2).

(e)        If the sale is asale of timber by sealed bid, the person holding the sale shall include in thereport required by G.S. 1‑339.24 an affidavit showing that therequirements of this section have been complied with and listing all thepersons notified pursuant to subsection (c1) of this section. (1949, c. 719, s. 1; 1965, c.41; 1967, c. 979, s. 1; 1997‑83, s. 8; 2001‑271, s. 3.)