§ 45-21.17. Posting and publishing notice of sale of real property. - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 45 - Mortgages and Deeds of Trust. > § 45-21.17. Posting and publishing notice of sale of real property.

§ 45-21.17. Posting and publishing notice of sale of real property.

§ 45‑21.17.  Posting andpublishing notice of sale of real property.

In addition to complying withsuch provisions with respect to posting or publishing notice of sale as arecontained in the security instrument,

(1)        Notice of sale ofreal property shall

a.         Be posted, in thearea designated by the clerk of superior court for posting public notices inthe county in which the property is situated, at least 20 days immediatelypreceding the sale.

b.         And in additionthereto,

1.         The notice shall bepublished once a week for at least two successive weeks in a newspaperpublished and qualified for legal advertising in the county in which theproperty is situated.

2.         If no such newspaperis published in the county, then notice shall be published once a week for at leasttwo successive weeks in a newspaper having a general circulation in the county.

3.         In addition to therequired newspaper advertisement, the clerk may in his discretion, onapplication of any interested party, authorize such additional advertisement asin the opinion of the clerk will serve the interest of the parties, and permitthe charges for such further advertisement to be taxed as a part of the costsof the foreclosure.

(2)        When the notice ofsale is published in a newspaper,

a.         The period from thedate of the first publication to the date of the last publication, both datesinclusive, shall not be less than seven days, including Sundays, and

b.         The date of the lastpublication shall be not more than 10 days preceding the date of the sale.

(3)        When the realproperty to be sold is situated in more than one county, the provisions ofsubdivisions (1) and (2) shall be complied with in each county in which anypart of the property is situated.

(4)        The notice of saleshall be mailed by first‑class mail at least 20 days prior to the date ofsale to each party entitled to notice of the hearing provided by G.S. 45‑21.16whose address is known to the trustee or mortgagee and in addition shall alsobe mailed by first‑class mail to any party desiring a copy of the noticeof sale who has complied with G.S. 45‑21.17A. If the property isresidential and contains less than 15 rental units, the notice of sale shallalso be mailed to any person who occupies the property pursuant to aresidential rental agreement by name, if known, at the address of the propertyto be sold. If the name of the person who occupies the property is not known,the notice shall be sent to "occupant" at the address of the propertyto be sold. Notice of the hearing required by G.S. 45‑21.16 shall besufficient to satisfy the requirement of notice under this section providedsuch notice contains the information required by G.S. 45‑21.16A.

(5)        Repealed by SessionLaws 1993, c. 305, s. 10.

(6)        Any time periodsrelating to notice of hearing or notice of sale that are provided in thesecurity instrument may commence with and run concurrently with the timeperiods provided in G.S. 45‑21.16, 45‑21.17, or 45‑21.17A. (1949, c. 720, s. 1; 1965, c.41; 1967, c. 979, s. 3; 1975, c. 492, s. 3; 1977, c. 359, ss. 11‑14;1985, c. 567, s. 1; 1993, c. 305, s. 10; 2007‑353, s. 2.)