N.C. Gen. Stat. » Chapter 45
NC General Statutes

N.C. Gen. Stat. § 45-21.29A (2026)

No necessity for confirmation of sale

✓ current as of July 2026
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No confirmation of sales or resales of real property made pursuant to this Article shall be required.  If an upset bid is not filed following a sale, resale, or prior upset bid within the period specified in this Article, the rights of the parties to the sale or resale become fixed. (1967, c. 979, s. 3; 1993, c. 305, s. 19.)

 

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1975–2026 · leading case: In Re Hackley, 713 S.E.2d 119 (N.C. Ct. App. 2011).
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In Re Hackley, 713 S.E.2d 119 (N.C. Ct. App. 2011). · cites it 8× “N.C. Gen.Stat. § 45-21.29A (2009) states in pertinent part that "[i]f an upset bid is not filed following a sale, resale, or prior upset *125 bid within the period specified in this Article, the rights of the parties to the sale or resale become fixed.”
Sprouse v. North River Ins., 344 S.E.2d 555 (N.C. Ct. App. 1986). · cites it 4× “Chapter 45, in particular G.S. 45-21.29A: No confirmation of sales of real property made pursuant to this Article shall be required except as provided in G.”
Turner v. Blackburn, 389 F. Supp. 1250 (W.D.N.C. 1975). · cites it 6× “(j) The clerk of the superior court shall make all such orders as may be just and necessary to safeguard the interests of all parties, and shall have authority to fix and determine all necessary procedural details with respect to resales in all instances in which this article…”
In Re Barham, 193 B.R. 229 (Bankr. E.D.N.C. 1996). · cites it 4× “N.C. Gen.Stat. § 45-21.27 (Supp.1995). Furthermore, North Carolina General Statute § 45-21.”
Funderburk v. JPMorgan Chase Bank, N.A., 775 S.E.2d 1 (N.C. Ct. App. 2015). · cites it 2× “In regards to specific claims, we hold plaintiffs' claims for breach of contract, negligent misrepresentation, tortious interference with contracts and business expectancy, and quantum meruit are barred by the final determinations as to the rights of the parties in the…”
In Re Cornblum, 727 S.E.2d 338 (N.C. Ct. App. 2012). · cites it 6× “That party must apply for the injunction before the parties rights become "fixed" pursuant to N.C. Gen.Stat. § 45-21.29A. Id. § 45-21.34.”
Cooper v. Smith (In Re Smith), 24 B.R. 19 (Bankr. W.D.N.C. 1982). · cites it 3× “G.S. 45-21.29A provides inter alia: “If in (the) case of an original sale under this Article no upset bid has been filed at the expiration of the 10-day period, as provided in N.”
Greene v. Tr. Servs. Of Carolina, LLC, 781 S.E.2d 664 (N.C. Ct. App. 2016). “34 provides: Any owner of real estate, or other person, firm or corporation having a legal or equitable interest therein, may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A…”
Meehan v. Cable, 489 S.E.2d 440 (N.C. Ct. App. 1997). · cites it 2× “34 provides that: Any owner of real estate, or other person, firm or corporation having a legal or equitable interest therein, may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S.…”
Harty v. Underhill, 710 S.E.2d 327 (N.C. Ct. App. 2011). “Any owner of real estate, or other person, firm or corporation having a legal or equitable interest therein, may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A to enjoin…”
Howse v. Bank of Am., N.A., 804 S.E.2d 552 (N.C. Ct. App. 2017). “legal or equitable ground which the court may deem sufficient : Provided, that the court or judge enjoining such sale, whether by a temporary restraining order or injunction to the hearing, shall, as a condition precedent, require of the plaintiff or applicant such bond or…”
Hinson v. Countrywide Home Loans, Inc. (In re Hinson), 481 B.R. 364 (Bankr. E.D.N.C. 2012). “may apply to a judge of the superior court, prior to the time that the rights of the parties to the sale or resale becoming fixed pursuant to G.S. 45-21.29A to enjoin such sale, upon the ground that the amount bid or price offered therefor is inadequate and inequitable and will…”
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