Bill Summary for S 769 (2021)

Summary date: 

Jun 7 2022

Bill Information:

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.

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Bill summary

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). 

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