GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 627

HOUSE BILL 1030

 

AN ACT TO CLARIFY THE AUTHORITY OF SHERIFFS TO SERVE ORDERS OF POSSESSION IN JUDICIAL SALE, EXECUTION SALE AND FORECLOSURE SALE PROCEEDINGS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 1-339.29 is amended by adding at the end the following new subsection (d) to read:

"(d)      An order for possession granted pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2."

Sec. 2.  G.S. 1-339.68 is amended by adding at the end the following new subsection (d) to read:

"(d)      An order for possession issued pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2."

Sec. 3.  G.S. 45-21.29 is amended by adding at the end the following new subsection (l) to read:

"(l)       An order for possession issued pursuant to G.S. 45-21.29(k) shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2."

Sec. 4.  This act is effective upon ratification and applies to all orders of possession granted or issued after its effective date.

In the General Assembly read three times and ratified this the 16th day of July, 1987.