State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_29

§1‑339.29.  Public sale; real property; deed; order for possession.

(a)        Upon confirmationof a public sale of real property, the person authorized to hold the sale, orsuch other person as may be designated by the judge or clerk of court havingjurisdiction, shall prepare and tender to the purchaser a duly executed deedfor the property sold and, upon compliance by the purchaser with the terms ofsale, shall deliver the deed to the purchaser.

(b)        A person executinga deed to real property being conveyed pursuant to a public sale may recite inthe deed, in addition to the usual provisions, substantially as follows

(1)        The authority formaking the sale,

(2)        The title of theaction or proceeding in which the sale was had,

(3)        The name of theperson authorized to make the sale,

(4)        The fact that thesale was duly advertised,

(5)        The date of thesale,

(6)        The name of thehighest bidder and the price bid,

(7)        That the sale hasbeen confirmed,

(8)        That the terms ofthe sale have been complied with, and

(9)        That the personexecuting the deed has been authorized to execute it.

(c)        The judge or clerkof court having jurisdiction of the proceeding in which the property is soldmay grant an order for possession of real property so sold and conveyed, asagainst all persons in possession who are parties to the proceeding.

(d)        An order forpossession granted pursuant to the preceding subsection shall be directed tothe sheriff, shall authorize him to remove the party or parties in possession,and their personal property, from the premises and to put the purchaser inpossession, and shall be executed in accordance with the procedure forexecuting a writ or order for possession in a summary ejectment proceedingunder G.S. 42‑36.2. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1987, c.627, s. 1.)