1-339.68. Deed for real property sold; property subject to liens; orders for possession.
(a) Upon confirmation of a sale of real property, the sheriff, upon order of the clerk of the superior court, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of the sale, shall deliver the deed to the purchaser.
(b) Any real property sold under execution remains subject to all liens which became effective prior to the lien of the judgment pursuant to which the sale is held, in the same manner and to the same extent as if no such sale had been held.
(c) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of the sale who remain in possession at the time of application therefor, may be issued by the clerk of the superior court of the county in which such property is sold, when:
(1) The purchaser is entitled to possession, and
(2) The purchase price has been paid, and
(3) The sale or resale has been confirmed, and
(4) Ten days' notice has been given to the party or parties in possession at the time of the sale or resale who remain in possession at the time application is made, and
(5) Application is made to such clerk by the purchaser of the property.
(d) An order for possession issued pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. (1949, c. 719, s. 1; 1967, c. 979, s. 2; 1987, c. 627, s. 2.)
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.