(a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in the superior or district court, including a sale pursuant to an order made in an action in court to foreclose a mortgage or deed of trust, but is not
(1) A sale made pursuant to a power of sale
a. Contained in a mortgage, deed of trust, or conditional sale contract, or
b. Granted by statute with respect to a mortgage, deed of trust, or conditional sale contract, or
(2) A resale ordered with respect to any sale described in subsection (a)(1), where such original sale was not held under a court order, or
(3) An execution sale, or
(4) A sale ordered in a criminal action, or
(5) A tax foreclosure sale, or
(6) A sale made pursuant to Article 15 of Chapter 35A of the General Statutes, relating to sales of estates held by the entireties when one or both spouses are mentally incompetent, or
(7) A sale made in the course of liquidation of a bank pursuant to Article 9 of Chapter 53C of the General Statutes, or
(8) A sale made in the course of liquidation of an insurance company pursuant to Article 30 of Chapter 58 of the General Statutes, or
(8a) A lease, sale, or exchange made pursuant to G.S. 35A-1251(17) or G.S. 35A-1252(14), unless any order thereunder requires, or
(9) Any other sale the procedure for which is specially provided by any statute other than this Article.
(b) As hereafter used in this Article, "sale" means a judicial sale. (1949, c. 719, s. 1; 1971, c. 268, s. 16; 1987, c. 550, s. 12; 1989, c. 473, s. 10; 2003-221, s. 4; 2012-56, s. 5.)
Notes of Decisions
Cited in
8
cases, 1983–2017 · leading case:
Banks v. Hunter, 796 S.E.2d 361 (N.C. Ct. App. 2017).
Banks v. Hunter, 796 S.E.2d 361 (N.C. Ct. App. 2017).
· cites it 6× “North Carolina statutes provide for two means by which a foreclosure proceeding may be brought against real property: (1) foreclosure by judicial sale pursuant to N.C. Gen. Stat. § 1-339.1 et seq ., or, (2) if expressly provided within the deed of trust or mortgage, by power of…”
Brown v. Miller, 306 S.E.2d 502 (N.C. Ct. App. 1983).
“This statute is found within Chapter 46, Article 1 concerning the actual partition in kind of real property. Yet, the division of the property in this action was accomplished by a partition sale governed by the statutory requirements of a judicial sale.”
Wolfe v. Wolfe, 307 S.E.2d 400 (N.C. Ct. App. 1983).
“Foreclosure may be by judicial sale pursuant to G.S. 1-339.1 through 1-339.40, or, if expressly provided in the deed or mortgage, by power of sale under G.”
Henkel v. Triangle Homes, Inc., 790 S.E.2d 602 (N.C. Ct. App. 2016).
· cites it 2× “The general rule making federal tax liens inferior to local tax liens applies only when the United States is provided prior notice of a foreclosure sale arising from a local tax liability.”
United Carolina Bank v. Tucker, 392 S.E.2d 410 (N.C. Ct. App. 1990).
“1 specifically excludes from the definition of judicial sale “[a] sale made pursuant to a power of sale [contained in a mortgage, deed of trust, or conditional sale contract.”
— N.C. Gen. Stat. § 1-339.1(a)(1) — 2 cases
United Carolina Bank v. Tucker, 392 S.E.2d 410 (N.C. Ct. App. 1990).
“1 specifically excludes from the definition of judicial sale “[a] sale made pursuant to a power of sale [contained in a mortgage, deed of trust, or conditional sale contract.”
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