1-339.8. Public sale of separate tracts in different counties.
(a) When an order of public sale directs the sales of separate tracts of real property situated in different counties, exclusive jurisdiction over the sale remains in the superior or district court of the county where the proceeding, in which the order of sale was issued, is pending, but there shall be a separate advertisement, sale and report of sale with respect to the property in each county. In any such sale proceeding, the clerk of the superior court of the county where the original order of sale was issued has jurisdiction with respect to upset bids submitted for separate tracts of property situated in other counties as well as in the clerk's own county. When the public sale is by auction an upset bid may be filed only with that clerk.
(b) The report of sale with respect to all sales of separate tracts situated in different counties shall be filed with the clerk of the superior court of the county in which the order of sale was issued, and is not required to be filed in any other county.
(c) When the public sale is by auction, the sale of each separate tract shall be subject to separate upset bids. To the extent deemed necessary by the judge or clerk of court of the county where the original order of sale was issued, the sale of each tract shall be treated as a separate sale.
(d) When real property is sold in a county other than the county where the proceeding, in which the sale was ordered, is pending, the person authorized to hold the sale shall cause a certified copy of the order of confirmation to be recorded in the office 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 certified copy 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.)
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.