North Carolina § 45-21 - 29. Orders for possession.

§ 45-21. 29. Orders for possession.

through (j) Repealed by Session Laws 1993, c. 305, s. 18. 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 application therefor, may be issued by the clerk of the superior court of the county in which the property is sold if all of the following apply: The property has been sold in the exercise of the power of sale contained in any mortgage, deed of trust, leasehold mortgage, leasehold deed of trust, or a power of sale authorized by any other statutory provisions. Repealed by Session Laws 1993, c. 305, s. 18. The provisions of this Article have been complied with. The sale has been consummated, and the purchase price has been paid. The purchaser has acquired title to and is entitled to possession of the real property sold. Ten days' notice has been given to the party or parties who remain in possession at the time application is made, or, in the case of residential property containing 15 or more rental units, 30 days' notice has been given to the party or parties who remain in possession at the time the application is made. Repealed by Session Laws 2019-243, s. 26(c), effective November 6, 2019. Application is made by petition to the clerk by the mortgagee, the trustee, the purchaser of the property, or any authorized representative of the mortgagee, trustee, or purchaser of the property. An order for possession issued pursuant to G.S. 45-21.29(k) shall be directed to the sheriff and shall authorize the sheriff to remove all occupants 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 G.S. 42-36.2. The purchaser shall have the same rights and remedies in connection with the execution of an order for possession and the disposition of personal property following execution as are provided to a landlord under North Carolina law, including Chapters 42 and 44A of the General Statutes. When the real property sold is situated in more than one county, the provisions of subsection (l) of this section shall be complied with in each county in which any part of the property is situated. History (1949, c. 720, s. 1; 1951, c. 252, s. 3; 1965, c. 299; 1967, c. 979, s. 3; 1975, c. 492, ss. 7-9; 1987, c. 627, s. 3; 1993, c. 305, s. 18; 2007-353, s. 4; 2015-178, s. 2(a); 2019-53, s. 1; 2019-243, s. 26(c).) Editor's Note. - Session Laws 2015-178, s. 6, provides, in part, that subdivision (k)(5a) is applicable to orders for possession entered on or after October 1, 2015. Session Laws 2019-53, s. 3, made the rewriting of subdivision (k)(5a) of this section by Session Laws 2019-53, s. 1, effective October 1, 2019, and applicable to petitions filed on or after that date. Effect of Amendments. - Session Laws 2007-353, s. 4, effective October 1, 2007, substituted "sold if all of the following apply" for "sold, when" at the end of the introductory paragraph of subsection (k); rewrote subdivision (k)(5); substituted "the sheriff" for "him" in the first sentence of subsection ( l ); and made minor stylistic changes throughout. Session Laws 2015-178, s. 2(a), effective October 1, 2015, added subdivision (k)(5a). For applicability, see editor's note. Session Laws 2019-53, s. 1, rewrote subdivision (k)(5a), which formerly read: "If the property is single-family residential and occupied pursuant to a lease, written or oral, the provisions of G.S. 45-21.33A have been satisfied. Any occupant subject to the provisions of G.S. 45-21.33A must additionally receive notice as required by subdivision (5) of this subsection." For effective date and applicability, see editor's note. Session Laws 2019-243, s. 26(c), effective November 6, 2019, deleted subdivision (k)(5a), which read: "If the property is covered by the federal Protecting Tenants at Foreclosure Act (PTFA), Pub. L. 111-22, Title VII, Sections 701 through 703, as amended, the provisions of PTFA have been satisfied." Legal Periodicals. - For survey of 1972 case law on notice requirements of the nonjudicial foreclosure sale, see 51 N.C.L. Rev. 1110 (1973). For comment discussing changes in North Carolina's foreclosure law, see 54 N.C.L. Rev. 903 (1976).