GSC POSTPONEMENT/JUDICIAL & EXECUTION SALES.

View NCGA Bill Details2021
Senate Bill 769 (Public) Filed Monday, May 23, 2022
AN ACT TO ALIGN CERTAIN PROVISIONS FOR THE POSTPONEMENT OF JUDICIAL SALES AND EXECUTION SALES WITH THE CORRESPONDING PROVISIONS FOR POSTPONEMENT OF SALES AUTHORIZED UNDER POWER OF SALE AND TO MAKE TECHNICAL, CONFORMING, AND CLARIFYING CHANGES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Galey, Daniel.

Status: Ch. SL 2022-60 (Jul 8 2022)
S 769/S.L. 2022-60

Bill Summaries:

  • Summary date: Jul 26 2022 - More information

    AN ACT TO ALIGN CERTAIN PROVISIONS FOR THE POSTPONEMENT OF JUDICIAL SALES AND EXECUTION SALES WITH THE CORRESPONDING PROVISIONS FOR POSTPONEMENT OF SALES AUTHORIZED UNDER POWER OF SALE AND TO MAKE TECHNICAL, CONFORMING, AND CLARIFYING CHANGES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2022-60. Enacted July 8, 2022. Effective October 1, 2022.


  • Summary date: Jun 7 2022 - More information

    Senate amendment to the 1st edition makes the following changes. 

    Amends the proposed changes to GS 1-310, which revises the procedure for postponing judgment executions. Specifies that executions (was, more specifically, executions against property) must issue in accordance with Rule 62, which provides for an automatic stay of executions when there is a right to appeal. Maintains that executions against property cannot issue until 10 days after entry of judgment. 

    Further amends the procedure for postponing a sale of real property under a power of sale pursuant to GS 45-21.21, now requiring the person exercising the power of sale to immediately deliver a written notice to the clerk of superior court upon determining that the sale will be postponed pursuant to the statute only, no longer including instances when the sale cannot be held in accordance with the statute. Regarding the procedure for satisfying notice requirements when the clerk's office is closed, adds that if the clerk’s office is closed at the time designated for the sale to take place, the requirements related to notice to or filings with the clerk under the statute (was, the requirements under subsection (g)) are delayed until the next day the office is open for transactions. 

    Changes the act's effective date to October 1, 2022 (was, effective on the date the act becomes law). 


  • Summary date: May 23 2022 - More information

    Revises the procedure for postponing public judicial sales pursuant to GS 1-339.20. Subject to satisfying one of the five criteria to postpone a public sale, allows a person authorized to hold a public sale by auction to postpone the sale to a date no later than 90 days after the original date for the sale (was, to a date no later than six days after the original date, excluding Sundays), and postpone the time for submitting and opening bids for a public sale of timber by sealed bid to a date and time not later than 90 days after the original date for the opening bids (was, to a date and time no later than six days after the original date, excluding Sundays). Adds a new provision to specify that the sale can be postponed more than once whenever any of the conditions are met so long as the sale is held no later than 90 days after the original date for the sale, as computed by Rule 6, Time, of the Rules of Civil Procedure, GS 1A-1. Adds new requirements for postponement of a judicial sale, including requiring the person authorized to hold the sale to personally, or through an agent or attorney, give written or oral notice of postponement to each party previously served pursuant to Rule 4(j), with written notice served pursuant to Rule 5(b). Makes technical and clarifying changes throughout, and makes language gender neutral.

    Revises the procedure for postponing judgement executions pursuant to GS 1-310. Specifies that executions against property must issue in accordance with Rule 62, which provides for an automatic stay of executions when there is a right to appeal. Expands existing law to bar issuing executions until 10 days after entry of judgment (current law more narrowly prohibits issuing executions against property until 10 days after entry of judgment). Adds that if an execution sale is postponed pursuant to GS 1-339.58, as amended by the act, the 90-day period to return the execution to the court is extended by the number of days the sale is postponed.

    Revises the procedure for postponing an execution sale pursuant to GS 1-339.58. Subject to satisfying one of the five criteria to postpone an execution sale, permits a sheriff to postpone the execution sale to a date no later than 90 days after the original date for the sale (was, to a date no later than six days after the original date of the sale, exclusive of Sundays). Similar to the provisions added to GS 1-339.20 for postponed judicial sales, adds the following new provisions related to execution sales. Specifies that the execution sale can be postponed more than once whenever any of the conditions are met so long as the sale is held no later than 90 days after the original date for the sale, as computed by Rule 6. Adds new requirements for postponement, including requiring the sheriff to give written or oral notice of postponement to the judgement debtor, with written notice served pursuant to Rule 5(b). Makes technical and clarifying changes throughout, and makes language gender neutral.

    Revises the procedure for postponing a sale of real property under a power of sale pursuant to GS 45-21.21. Subject to satisfying one of the five criteria to postpone a sale under a power of sale, permits a person exercising a power of sale to postpone the sale to a date no later than 90 days after the original date for the sale (was, to a date no later than six days after the original date of the sale, exclusive of Sundays). Current law allows for the person exercising a power of sale to postpone the sale more than once whenever any of the conditions are met so long as the sale is held not later than 90 days after the original date of the sale. Adds a new provision to specify that the 90-day time period is computed in the manner provided by Rule 6. Revises and adds to the requirements for postponement of a sale under a power of sale as follows. Requires the person exercising the power of sale or their agent or attorney to attach or enter on the original notice of sale, posted pursuant to State law, a notice of the postponement, no longer allowing for alternatively attaching or entering the postponement notice on a copy of the original notice, as specified. Adds that if the clerk’s office is closed at the time designated for the sale to take place, the notice requirements to the clerk under subsection (g) are delayed until the next day the office is open for transactions. Removes the provision allowing the clerk of superior court to report habitual noncompliance. Makes technical and clarifying changes throughout, and makes language gender neutral.


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