45-21.33. Final report of sale of real property.
(a) A person who holds a sale of real property pursuant to a power of sale shall file with the clerk of the superior court of the county where the sale is held a final report and account of his receipts and disbursements within 30 days after the receipt of the proceeds of such sale. Such report shall show whether the property was sold as a whole or in parts and whether all of the property was sold. The report shall also show whether all or only a part of the obligation was satisfied with respect to which the power of sale of property was exercised.
(b) The clerk shall audit the account and record it.
(c) The person who holds the sale shall also file with the clerk -
(1) A copy of the notices of sale and resale, if any, which were posted, and
(2) A copy of the notices of sale and resale, if any, which were published in a newspaper, together with an affidavit of publication thereof, if the notices were so published;
(3) Proof as required by the clerk, which may be by affidavit, that notices of hearing, sale and resale were served upon all parties entitled thereto under G.S. 45-21.16, 45-21.17, 45-21.17A, and 45-21.30. In the absence of an affidavit to the contrary filed with the clerk, an affidavit by the person holding the sale that the notice of sale was posted in the area designated by the clerk of superior court for posting public notices in the county or counties in which the property is situated 20 days prior to the sale shall be proof of compliance with the requirements of G.S. 45-21.17(1)a.
(d) The clerk's fee for auditing and recording the final account is a part of the expenses of the sale, and the person holding the sale shall pay the clerk's fee as part of such expenses. (1949, c. 720, s. 1; 1975, c. 492, s. 11; 1983, c. 799; 1993, c. 305, s. 21; 1995, c. 509, s. 26.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2A - Sales Under Power of Sale.
§ 45-21.1 - Definitions; construction.
§ 45-21.2 - Article not applicable to foreclosure by court action.
§ 45-21.4 - Place of sale of real property.
§ 45-21.7 - Sale of separate tracts in different counties.
§ 45-21.8 - Sale as a whole or in parts.
§ 45-21.9 - Amount to be sold when property sold in parts; sale of remainder if necessary.
§ 45-21.9A - Simultaneous foreclosure of two or more instruments.
§ 45-21.10 - Requirement of cash deposit at sale.
§ 45-21.11 - Application of statute of limitations to serial notes.
§ 45-21.12 - Power of sale barred when foreclosure barred.
§ 45-21.12A - Power of sale barred during periods of military service.
§ 45-21.14 - Clerk's authority to compel report or accounting; contempt proceeding.
§ 45-21.16 - Notice and hearing.
§ 45-21.16A - Contents of notice of sale.
§ 45-21.16C - Opportunity for parties to resolve foreclosure of owner-occupied residential property.
§ 45-21.17 - Posting and publishing notice of sale of real property.
§ 45-21.17A - Requests for copies of notice.
§ 45-21.20 - Satisfaction of debt after publishing or posting notice, but before completion of sale.
§ 45-21.21 - Postponement of sale; notice of cancellation.
§ 45-21.24 - Continuance of uncompleted sale.
§ 45-21.26 - Preliminary report of sale of real property.
§ 45-21.27 - Upset bid on real property; compliance bonds.
§ 45-21.29 - Orders for possession.
§ 45-21.29A - No necessity for confirmation of sale.
§ 45-21.30 - Failure of bidder to make cash deposit or to comply with bid; resale.
§ 45-21.31 - Disposition of proceeds of sale; payment of surplus to clerk.
§ 45-21.32 - Special proceeding to determine ownership of surplus.