State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_46 > GS_46-28

§ 46‑28.  Saleprocedure.

(a)        The procedure for apartition sale shall be the same as is provided in Article 29A of Chapter 1 ofthe General Statutes, except as provided herein.

(b)        The commissionersshall certify to the court that at least 20 days prior to sale a copy of thenotice of sale was sent by first class mail to the last known address of allpetitioners and respondents who previously were served by personal delivery orby registered or certified mail. The commissioners shall also certify to the courtthat at least ten days prior to any resale pursuant to G.S. 46‑28.1(e) acopy of the notice of resale was sent by first class mail to the last knownaddress of all parties to the partition proceeding who have filed a writtenrequest with the court that they be given notice of any resale. An affidavitfrom the commissioners that copies of the notice of sale and resale were mailedto all parties entitled to notice in accordance with this section shall satisfythe certification requirement and shall also be deemed prima facie true. Ifafter hearing it is proven that a party seeking to revoke the order ofconfirmation of a sale or subsequent resale was mailed notice as required bythis section prior to the date of the sale or subsequent resale, then that partyshall not prevail under the provisions of G.S. 46‑28.1(a)(2)a. and b.

(c)        Any cotenant whoenters the high bid or offer at any sale of one hundred percent (100%) of theundivided interests in any parcel of real property shall receive a credit forthe undivided interest the cotenant already owns therein and shall receive acorresponding reduction in the amount of the total purchase price owed afterdeducting the costs and fees associated with the sale and apportioning thecosts and fees associated with the sale in accordance with the orders of thecourt. The high bid or offer shall be for one hundred percent (100%) of theundivided interests in the parcel of real property sold, and the credit andreduction shall be applied at the time of the closing of the cotenant'spurchase of the real property. When jointly making the high bid or offer at thesale, two or more cotenants may receive at the closing an aggregate credit andreduction in the amount of the total purchase price representing the total ofsuch cotenants' undivided interests in the real property. Any credits andreductions allowed by this subsection shall be further adjusted to reflect anycourt‑ordered adjustments to the share(s) of the net sale proceeds ofeach of the cotenants entering the high bid or offer, including, but notlimited to, equitable adjustments to the share(s) of the net sales proceeds dueto a court finding of the lack of contribution of one or more cotenants to thepayment of expenses of the real property.  (1868‑9, c. 122, ss. 13, 31; Code, ss. 1904,1921; Rev., s. 2512; C.S., s. 3239; 1949, c. 719, s. 2; 1985, c. 626, s. 2;1987, c. 282, s. 7; 2009‑512, s. 4.)