North Carolina General Statutes 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
Terms Used In North Carolina General Statutes 1-339.68
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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 an execution sale;
(2) "Sheriff" means a sheriff or any officer authorized to hold an execution sale. See North Carolina General Statutes 1-339.41
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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 N.C. Gen. Stat. § 42-36.2 (1949, c. 719, s. 1; 1967, c. 979, s. 2; 1987, c. 627, s. 2.)