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NC General Statutes

N.C. Gen. Stat. § 1-339.68 (2026)

Deed for real property sold; property subject to liens; orders for possession

✓ current as of July 2026
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(a) Upon confirmation of a sale of real property, the sheriff, upon order of the clerk of the superior court, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of the sale, shall deliver the deed to the purchaser.

(b) Any real property sold under execution remains subject to all liens which became effective prior to the lien of the judgment pursuant to which the sale is held, in the same manner and to the same extent as if no such sale had been held.

(c) Orders for possession of real property sold pursuant to this Article, in favor of the purchaser and against any party or parties in possession at the time of the sale who remain in possession at the time of application therefor, may be issued by the clerk of the superior court of the county in which such property is sold, when:

(1) The purchaser is entitled to possession, and

(2) The purchase price has been paid, and

(3) The sale or resale has been confirmed, and

(4) Ten days' notice has been given to the party or parties in possession at the time of the sale or resale who remain in  possession at the time application is made, and

(5) Application is made to such clerk by the purchaser of the property.

(d) An order for possession issued pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. (1949, c. 719, s. 1; 1967, c. 979, s. 2; 1987, c. 627, s. 2.)

 

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1963–2024 · leading case: Priddy v. Kernersville Lumber Co., 129 S.E.2d 256 (N.C. 1963).
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Priddy v. Kernersville Lumber Co., 129 S.E.2d 256 (N.C. 1963). “00 for whatever interest Davis had in the property at the time it was sold, G.S. 1-339.68 (b), and that the question of priority of liens has become moot.”
Pittsburgh Plate Glass Co. v. Forbes, 128 S.E.2d 875 (N.C. 1963). “A sheriff, acting pursuant to an execution, can only sell the rights and estate of the judgment debtor as they existed when the lien pursuant to which he acts became effective.”
MidFirst Bank v. Brown (N.C. 2024). · cites it 14× “The Mecklenburg County Sheriff’s Office seized the subject property in July 2019, and an execution sale was held pursuant to N.C.G.S. § 1-339.68. No bids were placed at the initial execution -2- MIDFIRST BANK V.”
MidFirst Bank v. Brown (N.C. Ct. App. 2022). · cites it 8× “” N.C. Gen. Stat. § 1-339.68 (b) (2021) (emphasis added).”
MidFirst Bank v. Brown (N.C. Ct. App. 2022). · cites it 8× “” N.C. Gen. Stat. § 1-339.68 (b) (2021) (emphasis added).”
— N.C. Gen. Stat. § 1-339.68(b) — 3 cases
MidFirst Bank v. Brown (N.C. 2024). “The Mecklenburg County Sheriff’s Office seized the subject property in July 2019, and an execution sale was held pursuant to N.C.G.S. § 1-339.68. No bids were placed at the initial execution -2- MIDFIRST BANK V.”
MidFirst Bank v. Brown (N.C. Ct. App. 2022). “” N.C. Gen. Stat. § 1-339.68 (b) (2021) (emphasis added).”
MidFirst Bank v. Brown (N.C. Ct. App. 2022). “” N.C. Gen. Stat. § 1-339.68 (b) (2021) (emphasis added).”
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