45-21.7. Sale of separate tracts in different counties.
(a) When the property to be sold consists of separate tracts of real property situated in different counties, there shall be a separate advertisement, sale and report of sale of the property in each county. The report of sale for the property in any one county shall be filed with the clerk of the superior court of the county in which such property is situated. The sale of each such tract shall be subject to separate upset bids. The clerk of the superior court of the county where the property is situated has jurisdiction with respect to upset bids of property situated within his county. To the extent the clerk deems necessary, the sale of each separate tract within his county, with respect to which an upset bid is received, shall be treated as a separate sale for the purpose of determining the procedure applicable thereto.
(b) The exercise of the power of sale with respect to a separate tract of property in one county does not extinguish or otherwise affect the right to exercise the power of sale with respect to tracts of property in another county to satisfy the obligation secured by the mortgage or deed of trust. (1949, c. 720, s. 1; 1993, c. 305, s. 3.)
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.