Makes the following changes to Article 29A, Judicial Sales, of GS Chapter 1.
Enacts GS 1-339.3A(b) to authorize judges or clerks of court having jurisdiction to order that a sale of real or personal property be conducted using a licensed real estate broker or licensed auctioneer, or that a sale be conducted online. Requires such an order to specify the terms of sale, including allowable commission and fee amounts, and direct the person designated to hold the sale under GS 1-339.4 (lists eight persons which may be designated) to facilitate the transaction. Requires notice of sale and any other listing to comply with GS 1-339.15. Excludes such sales from the upset bid procedure set out in GS 1-339.25 (concerning real property) or GS 1-339.26 (concerning real property sold in parts). Makes language gender-neutral. Makes organizational changes. Makes conforming changes throughout Article 29A.
Amends GS 1-339.6, excepting a sale order pursuant to new GS 1-339.3A(b) from the requirement that all public sales for real property must be held in the county where the property is situated unless a single tract situated in two or more counties. Amends GS 1-339.7, creating an exception from the requirement that personal property be present at the place of the public sale if an order authorized by new GS 1-339.3A provides otherwise.
Amends GS 1-339.9 to authorize a judge or clerk of court having jurisdiction of real property to be sold which consists of separate lots or other units, or personal property to be sold consisting of more than one article, to order that the property be sold using one of the alternate sale methods provided in GS 1-339.3A(b). Makes clarifying, technical, and conforming changes. Makes the language gender-neutral.
Makes the provisions of GS 1-339.13 regarding the order of public sale also apply to an order of sale under new GS 1-339.3A(b). Makes additional conforming changes.
Amends GS 1-339.20 to require that sales ordered under new GS 1-339.3A(b) that have not been completed prior to the date provided in the order of sale follow the procedures as previously specified for public sales not held at their fixed time or not postponed as required, and postponed sales not held at their fixed time. Makes language gender-neutral.
Amends GS 1-339.21, expanding the provisions which apply to the time of public sale by auction to online sales under new GS 1-339.3A(b).
Amends GS 1-339.22, concerning continuance on uncompleted public sales, establishing that online sales ordered under new GS 1-339.3A(b) cannot be restricted as to date and time unless provided by order of the judge or clerk or court.
Amends the following statutes to include online sales under new GS 1-339.3A(b) within the scope of their provisions: GS 1-339.23 (concerning when conformation of sale of personal property is necessary; delivery of property; bill of sale); GS 1-339.24 (concerning report of sale; when the sale is final as to personal property); GS 1-339.28 (concerning confirmation of the sale of real property); GS 1-339.29 (concerning tender of the real property deed; order for possession); and GS 1-339.31 (concerning reports of a commissioner or trustee in a deed of trust authorized to hold a public sale). Makes additional clarifying changes to GS 1-339.29. Makes the language of GS 1-339.31 gender neutral, and makes additional clarifying changes.
Applies to orders entered on or after January 1, 2020.
Bill S 481 (2019-2020)Summary date: Apr 2 2019 - View summary