1-339.27A. Ordering resale of real property after sale or upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk having jurisdiction may order a resale of real property. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order. (2001-271, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-339.2 - Application of Part 1.
§ 1-339.3A - Judge or clerk may order public or private sale.
§ 1-339.4 - Who may hold sale.
§ 1-339.5 - Days on which sale may be held.
§ 1-339.6 - Place of public sale.
§ 1-339.7 - Presence of personal property at public sale required.
§ 1-339.8 - Public sale of separate tracts in different counties.
§ 1-339.9 - Sale as a whole or in parts.
§ 1-339.10 - Bond of person holding sale.
§ 1-339.11 - Compensation of person holding sale.
§ 1-339.12 - Clerk's authority to compel report or accounting; contempt proceeding.
§ 1-339.13 - Public sale; order of sale.
§ 1-339.13A - Public sale of timber by sealed bid; appraisal; bid procedure.
§ 1-339.14 - Public sale; judge's approval of clerk's order of sale.
§ 1-339.15 - Public sale; contents of notice of sale.
§ 1-339.16 - Public sale; time for beginning advertisement.
§ 1-339.17 - Public sale; posting and publishing notice of sale of real property.
§ 1-339.18 - Public sale; posting notice of sale of personal property.
§ 1-339.19 - Public sale; exception; perishable property.
§ 1-339.20 - Public sale; postponement of sale.
§ 1-339.21 - Public sale by auction; time of sale.
§ 1-339.22 - Public sale by auction; continuance of uncompleted sale.
§ 1-339.24 - Public sale; report of sale; when final as to personal property.
§ 1-339.25 - Public sale; upset bid on real property; compliance bond.
§ 1-339.27A - Ordering resale of real property after sale or upset bid.
§ 1-339.28 - Public sale; confirmation of sale.
§ 1-339.29 - Public sale; real property; deed; order for possession.
§ 1-339.30 - Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
§ 1-339.31 - Public sale; report of commissioner or trustee in deed of trust.
§ 1-339.33 - Private sale; order of sale.
§ 1-339.34 - Private sale; exception; certain personal property.
§ 1-339.35 - Private sale; report of sale.
§ 1-339.36 - Private sale; upset bid; subsequent procedure; defaulting bidder.
§ 1-339.37 - Private sale; confirmation.
§ 1-339.38 - Private sale; real property; deed; order for possession.
§ 1-339.39 - Private sale; personal property; delivery; bill of sale.