1-339.66A. Ordering resale of real property after upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the clerk of superior court may order a resale of real property when an upset bid is submitted as provided in G.S. 1-339.64. 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. 17.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 29B - Execution Sales.
§ 1-339.42 - Clerk's authority to fix procedural details.
§ 1-339.43 - Days on which sale may be held.
§ 1-339.45 - Presence of personal property at sale required.
§ 1-339.46 - Sale as a whole or in parts.
§ 1-339.47 - Sale to be made for cash.
§ 1-339.48 - Life of execution.
§ 1-339.49 - Penalty for selling contrary to law.
§ 1-339.50 - Officer's return of no sale for want of bidders; penalty.
§ 1-339.51 - Contents of notice of sale.
§ 1-339.52 - Posting and publishing notice of sale of real property.
§ 1-339.53 - Posting notice of sale of personal property.
§ 1-339.54 - Notice to judgment debtor of sale of real property.
§ 1-339.55 - Notification of Governor and Attorney General.
§ 1-339.56 - Exception; perishable property.
§ 1-339.57 - Satisfaction of judgment before sale completed.
§ 1-339.58 - Postponement of sale.
§ 1-339.59 - Procedure upon dissolution of order restraining or enjoining sale.
§ 1-339.61 - Continuance of uncompleted sale.
§ 1-339.62 - Delivery of personal property; bill of sale.
§ 1-339.64 - Upset bid on real property; compliance bond.
§ 1-339.65 - Separate upset bids when real property sold in parts; subsequent procedure.
§ 1-339.66A - Ordering resale of real property after upset bid.
§ 1-339.67 - Confirmation of sale of real property.
§ 1-339.68 - Deed for real property sold; property subject to liens; orders for possession.
§ 1-339.69 - Failure of bidder to comply with bid; resale.
§ 1-339.70 - Disposition of proceeds of sale.
§ 1-339.71 - Special proceeding to determine ownership of surplus.