Laws of North Carolina (Last Updated: May 12, 2015) |
Chapter1. Civil Procedure. |
SubchapterX. EXECUTION |
Article29A. Judicial Sales |
Part2. Procedure for Public Sales of Real and Personal Property |
§1-339.31. Public sale; report of commissioner or trustee in deed of trust
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(a) A commissioner or a trustee in a deed of trust, authorized pursuant to G.S. 1-339.4 to hold a public sale of property, shall, in addition to all other reports required by this Article, file with the clerk of the superior court an account of his receipts and disbursements as follows:
(1) When the sale is for cash, a final report shall be filed within thirty days after receipt of the proceeds of the sale;
(2) When the sale is wholly or partly on time and the commissioner or trustee is not required to collect deferred payments, a final report shall be filed within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price;
(3) When the commissioner or trustee is required to collect deferred payments,
a. He shall file a preliminary report within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price, and
b. If the period of time during which he is required to collect deferred payments extends over more than one year, he shall file an annual report of his receipts and disbursements, and
c. After collecting all deferred payments, he shall file a final report.
(b) The clerk shall audit and record the reports and accounts required to be filed pursuant to this section.