North Carolina General Statutes § 1-339.58 Postponement of sale

(a)        The sheriff may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the sale:

(1)        When there are no bidders,

(2)        When, in the sheriff's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty,

(3)        When there are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the sheriff's judgment, to hold the sale on that day,

(4)        When the sheriff is unable to hold the sale because of illness or for other good reason, or

(5)        When other good cause exists.

(b)        Upon postponement of a sale, the sheriff shall:

(1)        At the time and place advertised for the sale, publicly announce the postponement of the sale; and

(2)        On the same day, attach to or enter on the original notice of sale or a copy of the notice, posted as provided by G.S. 1-339.52 in the case of real property or G.S. 1-339.53 in the case of personal property, a notice of the postponement.

(c)        The posted notice of postponement shall:

(1)        State that the sale is postponed,

(2)        State the hour and date to which the sale is postponed,

(3)        State the reason for the postponement, and

(4)        Be signed by the sheriff.

(d)       If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed for the sale, the sheriff shall report the facts with respect thereto to the clerk of the superior court, who shall thereupon make an order for the sale of the property to be held at such time and place and upon such notice to be given in the manner and for the length of time as the clerk of the superior court deems advisable, but nothing in this section relieves the sheriff of liability for the nonperformance of the sheriff's official duty. (1949, c. 719, s. 1; 2001-271, s. 13.)

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Last modified: March 23, 2014