State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_58

§ 1‑339.58. Postponement of sale.

(a)        The sheriff maypostpone the sale to a day certain not later than six days, exclusive ofSunday, after the original date for the sale:

(1)        When there are nobidders,

(2)        When, in thesheriff's judgment, the number of prospective bidders at the sale issubstantially decreased by inclement weather or by any casualty,

(3)        When there are somany other sales advertised to be held at the same time and place as to make itinexpedient and impracticable, in the sheriff's judgment, to hold the sale onthat day,

(4)        When the sheriff isunable to hold the sale because of illness or for other good reason, or

(5)        When other goodcause exists.

(b)        Upon postponementof a sale, the sheriff shall:

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

(2)        On the same day,attach to or enter on the original notice of sale or a copy of the notice,posted as provided by G.S. 1‑339.52 in the case of real property or G.S.1‑339.53 in the case of personal property, a notice of the postponement.

(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 thesheriff.

(d)        If a sale is notheld at the time fixed for the sale and is not postponed as provided by thissection, or if a postponed sale is not held at the time fixed for the sale, thesheriff shall report the facts with respect thereto to the clerk of thesuperior court, who shall thereupon make an order for the sale of the propertyto be held at such time and place and upon such notice to be given in themanner and for the length of time as the clerk of the superior court deemsadvisable, but nothing in this section relieves the sheriff of liability forthe nonperformance of the sheriff's official duty. (1949, c. 719, s. 1; 2001‑271,s. 13.)