North Carolina § 46A-76 - Sale procedure.

§ 46A-76. Sale procedure.

General. - The procedure for a partition sale is the same as is provided in Article 29A of Chapter 1 of the General Statutes, except as provided in this Part. One Commissioner Sufficient. - In a partition sale, the court is not required to appoint more than one commissioner. Persons Not to Be Appointed. - The clerk of the superior court shall not appoint the clerk, an assistant clerk, or a deputy clerk to make a sale of the real property. Additional Requirement; Notice of Public Sale. - If the court orders a public sale, the commissioner shall certify to the court that at least 20 days prior to sale, a copy of the notice of sale was sent by first-class mail to the last known address of all parties previously served pursuant to G.S. 1A-1, Rule 4(j). An affidavit from the commissioner that copies of the notice of sale were mailed to all parties entitled to notice in accordance with this section satisfies the certification requirement and shall also be deemed prima facie true. History (1868-9, c. 122, ss. 13, 15, 31; Code, ss. 1904, 1906, 1921; 1899, c. 161; Rev., ss. 2512, 2513; C.S., ss. 3239, 3242; 1949, c. 719, s. 2; 1985, c. 626, s. 2; 1987, c. 282, s. 7; 2009-512, s. 4; 2020-23, ss. 2(ff), (mm), 3.) Editor's Note. - Session Laws 2009-512, s. 4, which added "except as provided herein" at the end of subsection (a), and added subsection (c), was effective October 1, 2009, and applicable to partition actions filed on or after that date. Subsections (a) and (d) of this section are former G.S. 46-28(a) , (b), as recodified by Session Laws 2020-23, s. 2(ff), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. The case notes for this section include decisions under the former section. Subsection (c) of this section is former G.S. 46-31 , as recodified by Session Laws 2020-23, s. 2(mm), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. The case notes for this section include decisions under the former section. Session Laws 2020-23, s. 18, made the rewriting of this section by Session Laws 2020-23, s. 3, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2009-512, s. 4, effective October 1, 2009, and applicable to partition actions filed on or after that date, added "except as provided herein" at the end of subsection (a); and added subsection (c). Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.