State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_68

§1‑339.68.  Deed for real property sold; property subject to liens; ordersfor possession.

(a)        Upon confirmationof a sale of real property, the sheriff, upon order of the clerk of thesuperior court, shall prepare and tender to the purchaser a duly executed deedfor the property sold and, upon compliance by the purchaser with the terms ofthe sale, shall deliver the deed to the purchaser.

(b)        Any real propertysold under execution remains subject to all liens which became effective priorto the lien of the judgment pursuant to which the sale is held, in the samemanner and to the same extent as if no such sale had been held.

(c)        Orders forpossession of real property sold pursuant to this Article, in favor of thepurchaser and against any party or parties in possession at the time of thesale who remain in possession at the time of application therefor, may beissued by the clerk of the superior court of the county in which such propertyis sold, when:

(1)        The purchaser isentitled to possession, and

(2)        The purchase pricehas been paid, and

(3)        The sale or resalehas been confirmed, and

(4)        Ten days' notice hasbeen given to the party or parties in possession at the time of the sale orresale who remain in  possession at the time application is made, and

(5)        Application is madeto such clerk by the purchaser of the property.

(d)        An order forpossession issued pursuant to the preceding subsection shall be directed to thesheriff, shall authorize him to remove the party or parties in possession, andtheir 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; 1967, c. 979, s. 2; 1987, c. 627,s. 2.)