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Laws of North Carolina (Last Updated: May 12, 2015) |
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Chapter1. Civil Procedure. |
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SubchapterX. EXECUTION |
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Article29A. Judicial Sales |
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Part2. Procedure for Public Sales of Real and Personal Property |
§1-339.17. Public sale; posting and publishing notice of sale of real property
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(a) Subject to subsection (d) of this section, notice of public sale of real property shall:
(1) Be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the property is situated, for at least 20 days immediately preceding the sale; and
(2) Be published once a week for at least two successive weeks:
a. In a newspaper qualified for legal advertising published in the county; or
b. If no newspaper qualified for legal advertising is published in the county, in a newspaper having general circulation in the county.
(b) When the notice of public sale is published in a newspaper:
(1) The period from the date of the first publication to the date of the last publication, both dates inclusive, shall not be less than seven days, including Sundays; and
(2) The date of the last publication shall be not more than 10 days preceding the date of the sale in a sale by auction or the date on which sealed bids are opened in a sale by sealed bid.
(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) of this section shall be complied with in each county in which any part of the property is situated.
(c1) When the public sale is a sale of timber by sealed bid, the notice shall also be given in writing, not less than 21 days before the date on which bids are opened, to a reasonable number of prospective timber buyers, which in all cases shall include the timber buyers listed in the office of the North Carolina Forest Service of the Department of Agriculture and Consumer Services for the county or counties in which the timber to be sold is located.
(d) In addition to the other requirements of this section, the notice of public sale shall be posted or the sale shall be advertised as may be required by the judge or clerk pursuant to the provisions of G.S. 1-339.13(b)(2).
(e) If the sale is a sale of timber by sealed bid, the person holding the sale shall include in the report required by G.S. 1-339.24 an affidavit showing that the requirements of this section have been complied with and listing all the persons notified pursuant to subsection (c1) of this section.