§ 45-21.33. Final report of sale of real property. - North Carolina Statutes

§45‑21.33.  Final report of sale of real property.

(a)        A person who holdsa sale of real property pursuant to a power of sale shall file with the clerkof the superior court of the county where the sale is held a final report andaccount of his receipts and disbursements within 30 days after the receipt ofthe proceeds of such sale.  Such report shall show whether the property wassold as a whole or in parts and whether all of the property was sold.  Thereport shall also show whether all or only a part of the obligation wassatisfied with respect to which the power of sale of property was exercised.

(b)        The clerk shallaudit the account and record it.

(c)        The person whoholds the sale shall also file with the clerk –

(1)        A copy of thenotices of sale and resale, if any, which were posted, and

(2)        A copy of thenotices of sale and resale, if any, which were published in a newspaper,together with an affidavit of publication thereof, if the notices were sopublished;

(3)        Proof as required bythe clerk, which may be by affidavit, that notices of hearing, sale and resalewere served upon all parties entitled thereto under G.S. 45‑21.16, 45‑21.17,45‑21.17A, and 45‑21.30.  In the absence of an affidavit to thecontrary filed with the clerk, an affidavit by the person holding the sale thatthe notice of sale was posted in the area designated by the clerk of superiorcourt for posting public notices in the county or counties in which theproperty is situated 20 days prior to the sale shall be proof of compliance withthe requirements of G.S. 45‑21.17(1)a.

(d)        The clerk's fee forauditing and recording the final account is a part of the expenses of the sale,and the person holding the sale shall pay the clerk's fee as part of suchexpenses. (1949, c. 720, s. 1; 1975, c. 492, s. 11; 1983, c.799; 1993, c. 305, s. 21; 1995, c. 509, s. 26.)