North Carolina General Statutes 1-339.20. Public sale; postponement of sale
(a) A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than 90 days after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may postpone the time for submitting and opening bids to a date, time, and place certain not later than 90 days after the original date for the opening of bids if any of the following occurs:
(1) There are no bidders.
Terms Used In North Carolina General Statutes 1-339.20
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- sale: means a judicial sale. See North Carolina General Statutes 1-339.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) In the person’s judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3) There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the person’s judgment, to hold the sale on that day.
(4) The person is unable to hold the sale because of illness or for other good reason.
(5) Other good cause exists.
The person authorized to hold the sale may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to N.C. Gen. Stat. § 1A-1, Rule 6.
(b) Upon each postponement of public sale the person authorized to hold the sale shall personally, or through the person’s agent or attorney, do all of the following:
(1) At the time and place advertised for the sale or for the opening of sealed bids, publicly announce the postponement.
(2) On the same day, attach to or enter on the notice of sale, as provided in N.C. Gen. Stat. § 1-339.17 in the case of real property or N.C. Gen. Stat. § 1-339.18 in the case of personal property, a notice of the postponement.
(2a) Give written or oral notice of postponement to each party previously served pursuant to N.C. Gen. Stat. § 1A-1, Rule 4(j). Written notice of postponement shall be served in any manner provided in N.C. Gen. Stat. § 1A-1, Rule 5(b).
(3) In the case of a public sale of timber by sealed bid, give notice of postponement to each person that submitted a bid.
(c) The notice of postponement shall be signed by the person authorized to hold the sale, or by the person’s agent or attorney, and shall state the following:
(1) That the sale is postponed.
(2) In the case of a sale by public auction, the hour and date to which the sale is postponed.
(2a) In the case of a sale of timber by sealed bid, the date, time, and place to which the opening of bids is postponed.
(3) The reason for the postponement.
(4) Repealed by Session Laws 2022-60, s. 1, effective October 1, 2022, and applicable to sales noticed on or after that date.
(d) If a public sale is not held at the time fixed for the sale and is not postponed as provided by this section, the person authorized to make the sale shall report these facts to the judge or clerk of court having jurisdiction, who shall order the time and place of the public sale of the property and the manner and length of time for the notice of the sale. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, ss. 10-12; 2022-60, s. 1.)