State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_3

§ 1‑339.3.  Applicationof Article to sale ordered by clerk; by judge; authority to fix proceduraldetails.

(a)        The procedureprescribed by this Article applies to all sales ordered by a clerk of thesuperior court.

(b)        The procedureprescribed by this Article applies to all sales ordered by a judge of thesuperior or district court, except that the judge having jurisdiction may, upona finding and a recital in the order of sale of the necessity or advisabilitythereof, vary the procedure from that herein prescribed, but not inconsistentlywith G.S. 1‑339.6 restricting the place of sale of real property.

(c)        The judge or clerkof court having jurisdiction has authority to fix and determine all necessaryprocedural details with respect to sales in all instances in which this Articlefails to make definite provisions as to such procedure. (1949, c. 719, s. 1; 1971, c.268, ss. 17, 18; 2001‑271, s. 1.)