GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-271
AN ACT TO AMEND THE LAW GOVERNING JUDICIAL SALES AND EXECUTION SALES TO PROVIDE FOR A ROLLING UPSET BID PROCEDURE AND TO CONFORM THE TIME PERIODS FOR POSTING AND PUBLISHING NOTICE OF SALE TO THE LAW GOVERNING FORECLOSURE SALES UNDER A POWER OF SALE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
part i. judicial sales.
SECTION 1. G.S. 1-339.3(b) reads as rewritten:
"(b) The procedure
prescribed by this Article applies to all sales ordered by a judge of the
superior or district court, except that the judge having jurisdiction may, upon
a finding and a recital in the order of sale of the necessity or advisability
thereof, vary the procedure from that herein prescribed, but not inconsistently
with G.S. 1-339.6 restricting the place of sale of real property, and not
inconsistently with G.S. 1-339.27(a) and G.S. 1-339.36 requiring that a resale
be ordered when an upset bid is submitted.property."
SECTION 2. G.S. 1-339.8 reads as rewritten:
"§ 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, issued has
jurisdiction with respect to the resale of upset bids submitted for
separate tracts of property situated in other counties as well as in the
clerk's own county, and when county. When the public sale is by
auction an upset bid may be filed only with that clerk, except in those
cases where the judge retains resale jurisdiction pursuant to G.S. 1-339.27.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 and each subsequent resale of each separate
tract shall be subject to a separate upset bid; and 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,
after an upset bid thereon, tract shall be treated as a separate sale
for the purpose of determining the procedure applicable thereto.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."
SECTION 3. G.S. 1-339.17 reads as rewritten:
"§ 1-339.17. Public sale; posting and publishing notice of sale of real property.
(a) The Subject
to subsection (d) of this section, notice of public sale of real property shall
shall:
(1) Be posted, in the area
designated by the clerk of superior court for the posting of notices in the
county in which the property is situated, for thirty at least 20
days immediately preceding the sale,sale; and
(2) And in addition
thereto,Be published once a week for at least two successive weeks:
a. If In
a newspaper qualified for legal advertising is published in the county,
the notice shall be published in such a newspaper once a week for at least four
successive weeks, butcounty; or
b. If no
newspaper qualified for legal advertising is published in the county, then
notice shall be published once a week for at least four successive weeks in
a newspaper having a general circulation in the county.
(b) When the notice of
public sale is published in a newspaper,newspaper:
(1) The period from the
date of the first publication to the date of the last publication, both dates
inclusive, shall not be less than twenty-two seven days,
including Sundays, Sundays; and
(2) The date of the last publication
shall be not more than 10 days preceding the date of the sale in a sale by auction,
auction or the date on which sealed bids are opened in a sale by
sealed bid.
(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) of this section shall be complied with in each county in which any part of the property is situated.
(c1) When the public sale is a sale of timber by sealed bid, the notice shall also be given in writing, not less than 21 days before the date on which bids are opened, to a reasonable number of prospective timber buyers, which in all cases shall include the timber buyers listed in the office of the Division of Forest Resources for the county or counties in which the timber to be sold is located.
(d) In addition to the foregoing,
other requirements of this section, the notice of public sale shall
be otherwise posted or the sale shall be otherwise advertised as
may be required by the judge or clerk pursuant to the provisions of G.S. 1-339.13(b)(2).
(e) If the sale is a sale of timber by sealed bid, the person holding the sale shall include in the report required by G.S. 1-339.24 an affidavit showing that the requirements of this section have been complied with and listing all the persons notified pursuant to subsection (c1) of this section."
SECTION 4. G.S. 1-339.25 reads as rewritten:
"§ 1-339.25. Public sale; upset bid on real property; compliance bond.
(a) An upset bid is an
advanced, increased increased, or raised bid in a public sale by
auction whereby a person offers to purchase real property theretofore sold for
an amount exceeding the reported sale price or the last upset bid by a
minimum of five percent (5%) thereof, but in any event with a minimum increase
of seven hundred fifty dollars ($750.00). An Subject to the
provisions of subsection (b) of this section, an upset bid shall be made by
delivering to the clerk of superior court, with whom the report of the sale or
the last notice of upset bid was filed, a deposit in cash or by certified
check or cashier's check satisfactory to the clerk in an amount greater than or
equal to five percent (5%) of the amount of the upset bid but in no event less
than seven hundred fifty dollars ($750.00). The deposit required by this
section shall be filed with the clerk of the superior court, court
with whom the report of sale or the last notice of upset bid was filed,
by the close of normal business hours on the tenth day after the filing of the
report of sale, sale or the last notice of upset bid, and if the
tenth day shall fall falls upon a Sunday or legal holiday or upon
a day in which the office of the clerk is not open for the regular dispatch of
its business, the deposit may be made and the notice of upset bid may be
filed on the day following when the office is open for the regular dispatch
of its business. An upset bid need not be in writing, and the timely deposit
with the clerk of the required amount, together with an indication to the clerk
as to the sale to which it is applicable, is sufficient to constitute the upset
bid, subject to the provisions of subsection (b) of this section.Except
as provided in G.S. 1-339.27A and G.S. 1-339.30, there shall be no resales;
however, there may be successive upset bids, each of which shall be followed by
a period of 10 days for a further upset bid. If a timely motion for resale is
filed under G.S. 1-339.27A, no upset bids may be filed while the motion is
pending. If an upset bid or a motion for resale under G.S. 1-339.27A is not
filed within 10 days following a sale, resale, or prior upset bid, the rights
of the parties to the sale or resale become fixed.
(b) The clerk of the
superior court may require a person submitting an upset bid an upset
bidder or the highest bidder at a resale held under G.S. 1-339.30 also to
deposit with the clerk a cash bond, or, in lieu thereof at the option of
the bidder, a surety bond, approved by the clerk, conditioned on compliance
with the upset bid. The amount of such bond shall not exceed the amount of the
upset bid less the amount of the required deposit. clerk. The compliance
bond shall be in the amount the clerk deems adequate, but in no case greater
than the amount of the bid of the person being required to furnish the bond,
less the amount of any required deposit. The compliance bond shall be payable
to the State of North Carolina for the use of the parties in interest and shall
be conditioned on the principal obligor's compliance with the bid.
(c) The clerk
of the superior court may in the order of resale require the highest bidder at
a resale had pursuant to an upset bid to deposit with the clerk a cash bond,
or, in lieu thereof at the option of the bidder, a surety bond, approved by the
clerk, conditioned on compliance with his bid. The bond shall be in such amount
as the clerk deems adequate, but in no case greater than the amount of the bid
of the person being required to furnish the bond.
(d) A
compliance bond, such as is provided for by subsections (b) and (c), shall be
payable to the State of North Carolina for the use of the parties in interest
and shall be conditioned on the principal obligor's compliance with his bid.
(d1) At the time that an upset bid on real property is submitted to the court as provided in subsection (a) of this section, together with a compliance bond if one is required, the upset bidder shall file with the clerk a notice of upset bid. The notice of upset bid shall:
(1) State the name, address, and telephone number of the upset bidder;
(2) Specify the amount of the upset bid;
(3) Provide that the sale shall remain open for a period of 10 days after the date on which the notice of upset bid is filed for the filing of additional upset bids as permitted by law; and
(4) Be signed by the upset bidder or the attorney or the agent of the upset bidder.
(d2) When an upset bid is made as provided in this section, the clerk shall notify the person holding the sale who shall thereafter mail a written notice of upset bid by first-class mail to the last known address of the last prior bidder and the current record owners of the property.
(d3) When an upset bid is made as provided in this section, the last prior bidder, regardless of how the bid was made, is released from any further obligation on account of the bid, and any deposit or bond provided by the last prior bidder shall be released.
(d4) Any person offering to purchase real property by upset bid as permitted in this Article is subject to and bound by the terms of the original notice of sale except as modified by court order or the provisions of this Article.
(d5) The clerk of superior court shall make all orders as may be just and necessary to safeguard the interests of all parties and may fix and determine all necessary procedural details with respect to upset bids in all instances in which this Article fails to make definite provisions as to that procedure.
(e) The provisions of this section do not apply to public sales of timber by sealed bid."
SECTION 5. G.S. 1-339.26 reads as rewritten:
"§ 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.
When real property is sold at public sale by auction in
parts, as provided by G.S. 1-339.9, the sale, and each subsequent resale, sale
of any part shall be subject to a separate upset bid; and, to the extent the
judge or clerk of court having jurisdiction deems advisable, the sale of each
part shall thereafter be treated as a separate sale for the purpose of
determining the procedure applicable thereto. applicable procedure."
SECTION 6. G.S. 1-339.27 is repealed.
SECTION 7. Article 29A of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1-339.27A. Ordering resale of real property after sale or upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk having jurisdiction may order a resale of real property. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order."
SECTION 8. G.S. 1-339.30 reads as rewritten:
"§ 1-339.30. Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
(a) If an order of public
sale by auction requires the highest bidder to make a cash deposit at the sale,
and he the highest bidder fails to make the required deposit, the
person holding the sale shall at the same time and place again offer the
property for sale.
(a1) If an order of public sale of timber by sealed bid requires the highest bidder to make a cash deposit and the bidder fails to make the required deposit within the time specified in the order, the judge or clerk having jurisdiction may direct that the timber be sold to the person who submitted the next highest bid or may order a resale. The procedure for a resale is the same in every respect as is provided by this Article in the case of an original public sale.
(b) When the highest bidder at a public sale of personal property not required to be confirmed fails to make the cash payment, if any, required by the terms of the sale, the person holding the sale shall at the same time and place again offer the property for sale. In the event no other bid is received, a new sale may be advertised in the regular manner provided by this Article for an original sale.
(c) When the highest
bidder at a public sale of personal property required to be confirmed fails to
comply with his bid within ten 10 days after notice given by the
person holding the sale or after a bona fide attempt to give such notice that
the sale has been confirmed, the judge or clerk having jurisdiction may order a
resale. The procedure for such the resale is the same in every
respect as is provided by this Article in the case of an original public sale
of personal property.
(d) When the highest
bidder at a public sale or resale of real property by auction or any upset
bidder fails to comply with his the bid within ten 10
days after the tender to him the bidder of a deed for the
property or after a bona fide attempt to tender the deed, the judge or clerk
having jurisdiction may order a resale. The procedure for a resale of real
property is the same in every respect as is provided by this Article in the
case of an original public sale of real property except that the provisions
of G.S. 1-339.27 (c), (d) and (e) apply with respect to the posting and
publishing of the notice of the resale.property.
(d1) When the highest bidder at a
public sale or resale of timber by sealed bid fails to comply with his the
bid within 10 days after the tender to him the bidder of a deed
for the timber or after a bona fide attempt to tender a timber deed, the judge
or clerk having jurisdiction may direct that the timber be sold to the person
who submitted the next highest bid or may order a resale. The procedure for a
resale is the same in every respect as is provided by this Article in the case
of an original public sale.
(e) A defaulting bidder
at any sale or resale or any defaulting upset bidder is liable on his
the bid, and in case a resale is had because of his the
default, he shall remain the defaulting bidder remains liable to
the extent that the final sale price is less than his the bid, and
for all costs of the resale or resales. Any deposit or compliance bond made
by the defaulting bidder shall secure payment of the amount, if any, for which
the defaulting bidder remains liable under this section.
(f) Nothing in this section deprives any person of any other remedy against the defaulting bidder."
SECTION 9. G.S. 1-339.36(b) reads as rewritten:
"(b) When an upset bid is
made for property sold at private sale, subsequent procedure with respect thereto
shall beto the upset bid is the same as for the public sale of
real property for which an upset bid has been submitted, except that the notice
of resale of personal property need not be published in a newspaper, but
shall be posted as provided by G.S. 1-339.17.upset bids submitted in
connection with real property sold at public sale, except that the notice of
any resale of personal property held pursuant to an order granted under G.S.
1-339.27A need not be published in a newspaper but shall be posted as provided
by G.S. 1-339.17."
SECTION 10. G.S. 1-339.37 reads as rewritten:
"§ 1-339.37. Private sale; confirmation.
If no upset bid for property sold at private sale is
submitted within ten 10 days after the report of sale or the
last notice of upset bid is filed, the sale may then be confirmed, and the
provisions of G.S. 1-339.28(a) and (b) are applicable to such confirmation
whether the property sold is real or personal. Unless otherwise provided in the
order of sale, no confirmation is required of any sale held as provided by G.S.
1-339.34."
part ii. execution sales.
SECTION 11. G.S. 1-339.52 reads as rewritten:
"§ 1-339.52. Posting and publishing notice of sale of real property.
(a) The notice of sale of
real property shallshall:
(1) Be posted, at the courthouse
door in the area designated by the clerk of superior court for the
posting of notices in the county in which the property is situated, for thirty
at least 20 days immediately preceding the sale,sale; and
(2) And in addition
thereto,Be published once a week for at least two successive weeks:
a. If In
a newspaper qualified for legal advertising is published in the county,
the notice shall be published in such a newspaper once a week for at least four
successive weeks; butcounty; or
b. If no such
newspaper qualified for legal advertising is published in the
county, then notice shall be published once a week for at least four
successive weeks in a newspaper having general circulation in the county.
(b) When the notice of sale
is published in a newspaper,newspaper:
(1) The period from the
date of the first publication to the date of the last publication, both dates
inclusive, shall not be less than twenty-two seven days,
including Sundays, Sundays; and
(2) The date of the last publication shall be not more than 10 days preceding the date of the sale.
(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) shall be complied with in each county in which any part of the property is situated."
SECTION 12. G.S. 1-339.53 reads as rewritten:
"§ 1-339.53. Posting notice of sale of personal property.
The notice of sale of personal property, except in the case
of perishable property as specified in G.S. 1-339.56, shall be posted, at
the courthouse door in the area designated by the clerk of superior
court for the posting of notices in the county in which the sale is to be
held, for ten 10 days immediately preceding the date of sale."
SECTION 13. G.S. 1-339.58 reads as rewritten:
"§ 1-339.58. Postponement of sale.
(a) The sheriff may
postpone the sale to a day certain not later than six days, exclusive of
Sunday, after the original date for the sale sale:
(1) When there are no
bidders, or
(2) When, in his the
sheriff's judgment, the number of prospective bidders at the sale is
substantially decreased by inclement weather or by any casualty, or
(3) When there are so many
other sales advertised to be held at the same time and place as to make it
inexpedient and impracticable, in his the sheriff's judgment, to
hold the sale on that day, or
(4) When he the
sheriff is unable to hold the sale because of illness or for other good
reason, or
(5) When other good cause exists.
(b) Upon postponement of
a sale, the sheriff shall shall:
(1) At the time and place
advertised for the sale, publicly announce the postponement thereof, and
of the sale; and
(2) On the same day,
attach to or enter on the original notice of sale or a copy thereof, of
the notice, posted at the courthouse door, as provided by G.S. 1-339.52
in the case of real property or G.S. 1-339.53 in the case of personal property,
a notice of the postponement.
(c) The posted notice of
postponement shallshall:
(1) State that the sale is postponed,
(2) State the hour and date to which the sale is postponed,
(3) State the reason for the postponement, and
(4) Be signed by the sheriff.
(d) If a sale is not held
at the time fixed therefor for the sale and is not postponed as
provided by this section, or if a postponed sale is not held at the time fixed therefor,
for the sale, the sheriff shall report the facts with respect
thereto to the clerk of the superior court, who shall thereupon make an order
for the sale of the property to be held at such time and place and upon such
notice to be given in such the manner and for such the length
of time as he the clerk of the superior court deems advisable,
but nothing herein contained shall be deemed to relieve in this
section relieves the sheriff of liability for the nonperformance of his the
sheriff's official duty."
SECTION 14. G.S. 1-339.64 reads as rewritten:
"§ 1-339.64. Upset bid on real property; compliance bond.
(a) An upset bid is an
advanced, increased increased, or raised bid whereby a person
offers to purchase real property theretofore sold for an amount exceeding the
reported sale price or last upset bid by a minimum of five percent (5%)
thereof, but in any event with a minimum increase of seven hundred fifty
dollars ($750.00). An Subject to the provisions of subsection (b) of
this section, an upset bid shall be made by delivering to the clerk of
superior court, with whom the report of sale or the last notice of upset bid
was filed, a deposit in cash or by certified check or cashier's check
satisfactory to the clerk in an amount greater than or equal to five percent
(5%) of the amount of the upset bid but in no event less than seven hundred
fifty dollars ($750.00). The deposit required by this section shall be filed
with the clerk of the superior court, with whom the report of sale or the
last notice of upset bid was filed, by the close of normal business hours
on the tenth day after the filing of the report of sale, sale or the
last notice of upset bid and if the tenth day shall fall falls
upon a Sunday or legal holiday or upon a day in which the office of the clerk
is not open for the regular dispatch of its business, the deposit may be made
and the notice of upset bid may be filed on the day following
when said the office is open for the regular dispatch of its
business. An upset bid need not be in writing, and the timely deposit with
the clerk of the required amount, together with an indication to the clerk as
to the sale to which it is applicable, is sufficient to constitute the upset
bid, subject to the provisions of subsection (b).Except as provided in
G.S. 1-339.66A and G.S. 1-339.69, there shall be no resales; however, there may
be successive upset bids, each of which shall be followed by a period of 10
days for a further upset bid. If a timely motion for resale is filed under G.S.
1-339.66A, no upset bids may be filed while the motion is pending. If an upset
bid or a motion for resale under G.S. 1-339.66A is not filed within 10 days
following a sale, resale, or prior upset bid, the rights of the parties to the
sale or resale become fixed.
(b) The clerk of the
superior court may require the person submitting an upset bid an
upset bidder or the highest bidder at a resale held under G.S. 1-339.69
also to deposit with the clerk a cash bond, or, in lieu thereof at the
option of the bidder, a surety bond, approved by the clerk, conditioned on
compliance with the upset bid. The amount of such bond shall not exceed the
amount of the upset bid less the amount of the required deposit.clerk.
The compliance bond shall be in the amount the clerk deems adequate, but in no
case greater than the amount of the bid of the person being required to furnish
the bond, less the amount of any required deposit. The compliance bond shall be
payable to the State of North Carolina for the use of the parties in interest
and shall be conditioned on the principal obligor's compliance with the bid.
(c) The clerk
of the superior court may in the order of resale require the highest bidder at
a resale had pursuant to an upset bid to deposit with the clerk a cash bond,
or, in lieu thereof at the option of the bidder, a surety bond, approved by the
clerk, conditioned on compliance with his bid. The bond shall be in such amount
as the clerk deems adequate but in no case greater than the amount of the bid
of the person being required to furnish the bond.
(d) A
compliance bond, such as is provided for by subsections (b) and (c), shall be
payable to the State of North Carolina for the use of the parties in interest
and shall be conditioned on the principal obligor's compliance with his bid.
(e) At the time that an upset bid on real property is submitted to the court as provided in subsection (a) of this section, together with a compliance bond if one is required, the upset bidder shall file with the clerk a notice of upset bid. The notice of upset bid shall:
(1) State the name, address, and telephone number of the upset bidder;
(2) Specify the amount of the upset bid;
(3) Provide that the sale shall remain open for a period of 10 days after the date on which the notice of upset bid is filed for the filing of additional upset bids as permitted by law; and
(4) Be signed by the upset bidder or the attorney or the agent of the upset bidder.
(f) When an upset bid is made as provided in this section, the clerk shall notify the person holding the sale who shall thereafter mail a written notice of upset bid by first-class mail to the last known address of the last prior bidder and the current record owners of the property.
(g) When an upset bid is made as provided in this section, the last prior bidder, regardless of how the bid was made, is released from any further obligation on account of the bid, and any deposit or bond provided by the last prior bidder shall be released.
(h) Any person offering to purchase real property by upset bid as permitted in this Article is subject to and bound by the terms of the original notice of sale except as modified by a court order or the provisions of this Article.
(i) The clerk of superior court shall make all orders as may be just and necessary to safeguard the interests of all parties and may fix and determine all necessary procedural details with respect to upset bids in all instances in which this Article fails to make definite provisions as to that procedure."
SECTION 15. G.S. 1-339.65 reads as rewritten:
"§ 1-339.65. Separate upset bids when real property sold in parts; subsequent procedure.
When real property is sold in parts, as provided by G.S. 1-339.46,
the sale, and each subsequent resale, sale of any such part
shall be subject to a separate upset bid; and to the extent the clerk of the
superior court having jurisdiction deems advisable, the sale of each such part
shall thereafter be treated as a separate sale for the purpose of determining
the procedure applicable thereto. applicable procedure."
SECTION 16. G.S. 1-339.66 is repealed.
SECTION 17. Article 29B of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1-339.66A. Ordering resale of real property after upset bid.
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the clerk of superior court may order a resale of real property when an upset bid is submitted as provided in G.S. 1-339.64. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order."
SECTION 18. G.S. 1-339.69 reads as rewritten:
"§ 1-339.69. Failure of bidder to comply with bid; resale.
(a) When the highest
bidder at a sale of personal property fails to pay the amount of his the
bid, the sheriff shall at the same time and place immediately resell the
property. In the event no other bid is received, a new sale may be advertised
in the regular manner provided by this Article for an original sale.
(b) When the highest
bidder at a sale or resale of real property or any upset bidder fails to
comply with his the bid within ten 10 days after
the tender to him the bidder of a deed for the property or after
a bona fide attempt to tender such deed, the clerk of the superior court who
issued the execution may order a resale. The procedure for such resale is the
same in every respect as is provided by this Article in the case of an original
sale of real property except that the provisions of G.S. 1-339.66(b), (c)
and (d) apply with respect to the posting and publishing of the notice of such
resale.property.
(c) A defaulting bidder
at any sale or resale or any defaulting upset bidder is liable on his
the bid, and in case a resale is had because of such the
default, he shall remain the defaulting bidder remains liable to
the extent that the final sale price is less than his the bid
plus all costs of such the resale or resales. Any deposit or
compliance bond made by the defaulting bidder shall secure payment of the
amount, if any, for which the defaulting bidder remains liable under this
section.
(d) Nothing in this section deprives any person of any other remedy against the defaulting bidder."
part iii. conforming amendments to other sections of the general statutes.
SECTION 19. G.S. 46-28.1(e) reads as rewritten:
"(e) If the court revokes
its order of confirmation under this section, the court shall order a resale
pursuant to the provisions of G.S. 1-339.27. resale.
The procedure for a resale is the same as is provided for an original public
sale under Article 29A of Chapter 1 of the General Statutes."
part iv. effective date and applicability.
SECTION 20. This act becomes effective January 1, 2002, and applies to judicial sales when the original order of sale is issued on or after that date and to execution sales when the execution is originally issued on or after that date. This act does not apply to any judicial sale when the original order of sale is issued prior to the effective date of this act or to any execution sale held pursuant to any execution originally issued prior to the effective date of this act.
In the General Assembly read three times and ratified this the 25th day of June, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:13 p.m. this 6th day of July, 2001