NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 299

HOUSE BILL 417

 

 

AN ACT EMPOWERING CLERKS OF THE SUPERIOR COURT TO ISSUE WRITS OF ASSISTANCE AND POSSESSION IN MATTERS INVOLVING THE SALE OR RESALE OF REAL PROPERTY IN EXERCISE OF THE POWERS OF SALE CONTAINED IN MORTGAGES AND DEEDS OF TRUST.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 45-21.29, as the same appears in the 1963 Cumulative Supplement to Volume 2A of the General Statutes, is hereby amended by adding a new subsection thereto, to be designated as G.S. 45-21.29(k), and to read as follows:

"§ 45-21.29(k).  Upon the completion or confirmation of any sale or resale of real property held in the exercise of the power of sale contained in any mortgage or deed of trust and pursuant to the provisions of this Article, the Clerk of the Superior Court of the county within which said sale is held is empowered to issue writs of assistance and possession to place the purchaser in possession of the property sold upon the following conditions: When application has been made to the Clerk by the mortgagee, the trustee named in such deed of trust, any substitute trustee, or the purchaser of said property, provided he has paid the purchase price bid. Provided, further, that no writ of assistance and possession shall be issued by the Clerk unless the applicant has given ten (10) days' notice to the party or parties in possession of the real property, or any part thereof, at the time of the sale."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 22nd day of April, 1965.