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NC General Statutes

N.C. Gen. Stat. § 1-339.3 (2026)

Application of Article to sale ordered by clerk; by judge; authority to fix procedural details

✓ current as of July 2026
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(a) The procedure prescribed by this Article applies to all sales ordered by a clerk of the superior court.

(b) The procedure prescribed by this Article applies to all sales ordered by a judge of the superior or district court, except that the judge having jurisdiction may, upon a finding and a recital in the order of sale of the necessity or advisability thereof, vary the procedure from that herein prescribed, but not inconsistently with G.S. 1-339.6 restricting the place of sale of real property.

(c) The judge or clerk of court having jurisdiction has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1; 1971, c. 268, ss. 17, 18; 2001-271, s. 1.)

 

Notes of Decisions
Cited in 1 case, 1975–1975 · leading case: Matter of Green, 219 S.E.2d 552 (N.C. Ct. App. 1975).
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Matter of Green, 219 S.E.2d 552 (N.C. Ct. App. 1975). · cites it 2× “25 for the placing of upset bids had expired and after the order of confirmation had been signed by the Clerk and approved by the Judge, the Clerk had no authority to accept an upset bid.”
N.C. Gen. Stat. § 1-339.3(c): 1 case
Matter of Green, 219 S.E.2d 552 (N.C. Ct. App. 1975). “25 for the placing of upset bids had expired and after the order of confirmation had been signed by the Clerk and approved by the Judge, the Clerk had no authority to accept an upset bid.”
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