§ 45-21.29. Orders for possession.
§ 45‑21.29. Orders forpossession.
(a)‑(j) Repealed bySession Laws 1993, c. 305, s. 18.
(k) Orders forpossession of real property sold pursuant to this Article, in favor of thepurchaser and against any party or parties in possession at the time of applicationtherefor, may be issued by the clerk of the superior court of the county inwhich the property is sold if all of the following apply:
(1) The property hasbeen sold in the exercise of the power of sale contained in any mortgage, deedof trust, leasehold mortgage, leasehold deed of trust, or a power of saleauthorized by any other statutory provisions.
(2) Repealed by SessionLaws 1993, c. 305, s. 18.
(2a) The provisions ofthis Article have been complied with.
(3) The sale has beenconsummated, and the purchase price has been paid.
(4) The purchaser hasacquired title to and is entitled to possession of the real property sold.
(5) Ten days' notice hasbeen given to the party or parties who remain in possession at the timeapplication is made, or, in the case of residential property containing 15 ormore rental units, 30 days' notice has been given to the party or parties whoremain in possession at the time the application is made.
(6) Application is madeby petition to the clerk by the mortgagee, the trustee, the purchaser of theproperty, or any authorized representative of the mortgagee, trustee, orpurchaser of the property.
(l) An order forpossession issued pursuant to G.S. 45‑21.29(k) shall be directed to thesheriff and shall authorize the sheriff to remove all occupants and theirpersonal property from the premises and to put the purchaser in possession, andshall be executed in accordance with the procedure for executing a writ ororder for possession in a summary ejectment proceeding under G.S. 42‑36.2.The purchaser shall have the same rights and remedies in connection with theexecution of an order for possession and the disposition of personal propertyfollowing execution as are provided to a landlord under North Carolina law,including Chapters 42 and 44A of the General Statutes.
(m) When the realproperty sold is situated in more than one county, the provisions of subsection(l) of this section shall be complied with in each county in which any part ofthe property is situated. (1949, c. 720, s. 1; 1951, c. 252, s. 3; 1965, c. 299;1967, c. 979, s. 3; 1975, c. 492, ss. 7‑9; 1987, c. 627, s. 3; 1993, c.305, s. 18; 2007‑353, s. 4.)