State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_8

§ 1‑339.8.  Public saleof separate tracts in different counties.

(a)        When an order ofpublic sale directs the sales of separate tracts of real property situated indifferent counties, exclusive jurisdiction over the sale remains in thesuperior or district court of the county where the proceeding, in which theorder of sale was issued, is pending, but there shall be a separateadvertisement, sale and report of sale with respect to the property in eachcounty. In any such sale proceeding, the clerk of the superior court of thecounty where the original order of sale was issued has jurisdiction withrespect to upset bids submitted for separate tracts of property situated inother counties as well as in the clerk's own county. When the public sale is byauction an upset bid may be filed only with that clerk.

(b)        The report of salewith respect to all sales of separate tracts situated in different countiesshall be filed with the clerk of the superior court of the county in which theorder of sale was issued, and is not required to be filed in any other county.

(c)        When the publicsale is by auction, the sale of each separate tract shall be subject toseparate upset bids. To the extent deemed necessary by the judge or clerk ofcourt of the county where the original order of sale was issued, the sale ofeach tract shall be treated as a separate sale.

(d)        When real propertyis sold in a county other than the county where the proceeding, in which thesale was ordered, is pending, the person authorized to hold the sale shallcause a certified copy of the order of confirmation to be recorded in theoffice of the register of deeds of the county where such property is situated,and it shall not be necessary for the clerk of court to probate said certifiedcopy of the order of confirmation. (1949, c. 719, s. 1; 1965, c. 805; 1971, c. 268, ss.18, 19; 1997‑83, ss. 2, 3; 2001‑271, s. 2.)