AN ACT to align certain provisions for the postponement of judicial sales and execution sales with the corresponding provisions for postponement of sales authorized UNDER power of sale and to make technical, conforming, and clarifying changes, as recommended by the general statutes commission.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 1‑339.20 reads as rewritten:
"§ 1‑339.20.  Public sale; postponement of sale.
(a)	A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than 90 days after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may postpone the time for submitting and opening bids to a date, time, and place certain not later than 90 days after the original date for the opening of bids if any of the following occurs:
(1)	There are no bidders.
(2)	In the person's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3)	There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the person's judgment, to hold the sale on that day.
(4)	The person is unable to hold the sale because of illness or for other good reason.
(5)	Other good cause exists.
The person authorized to hold the sale may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to G.S. 1A‑1, Rule 6.
(b)	Upon each postponement of public sale the person authorized to hold the sale shall personally, or through the person's agent or attorney, do all of the following:
(1)	At the time and place advertised for the sale or for the opening of sealed bids, publicly announce the postponement.
(2)	On the same day, attach to or enter on the notice of sale, as provided in G.S. 1‑339.17 in the case of real property or G.S. 1‑339.18 in the case of personal property, a notice of the postponement.
(2a)	Give written or oral notice of postponement to each party previously served pursuant to G.S. 1A‑1, Rule 4(j). Written notice of postponement shall be served in any manner provided in G.S. 1A‑1, Rule 5(b).
(3)	In the case of a public sale of timber by sealed bid, give notice of postponement to each person that submitted a bid.
(c)	The notice of postponement shall be signed by the person authorized to hold the sale, or by the person's agent or attorney, and shall state the following:
(1)	That the sale is postponed.
(2)	In the case of a sale by public auction, the hour and date to which the sale is postponed.
(2a)	In the case of a sale of timber by sealed bid, the date, time, and place to which the opening of bids is postponed.
(3)	The reason for the postponement.
	
(d)	If a public sale is not held at the time fixed for the sale and is not postponed as provided by this section, the person authorized to make the sale shall report these facts to the judge or clerk of court having jurisdiction, who shall order the time and place of the public sale of the property and the manner and length of time for the notice of the sale."
SECTION 2.(a)  G.S. 1‑310 reads as rewritten:
"§ 1‑310.  When dated and returnable.
"(a)	Executions shall issue in accordance with G.S. 1A‑1, Rule 62. In no case shall an execution against property issue until 10 days after entry of judgment. Executions shall be dated as of the day on which they were issued and are returnable to the court from which they were issued not more than 90 days from that date. If an execution sale is postponed pursuant to G.S. 1‑339.58, the 90‑day period to return the execution to the court is extended by the number of days the sale is postponed.
(b)	The sheriff shall separately notate on the return of execution for a judgment requiring the payment of money (i) any amount collected without an execution sale and the date of collection and, if multiple payments to the sheriff are collected on different dates pursuant to a single writ of execution, the individual dates of collection and the amount collected on each date and (ii) the date of levy and description of property levied and sold through an execution sale pursuant to Article 29B of this Chapter."
SECTION 2.(b)  G.S. 1‑339.58 reads as rewritten:
"§ 1‑339.58.  Postponement of sale.
(a)	The sheriff may postpone the sale to a day certain not later than 90 days after the original date for the sale if any of the following occurs:
(1)	There are no bidders.
(2)	In the sheriff's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3)	There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the sheriff's judgment, to hold the sale on that day.
(4)	The sheriff is unable to hold the sale because of illness or for other good reason.
(5)	Other good cause exists.
The sheriff may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to G.S. 1A‑1, Rule 6.
(b)	Upon each postponement of the sale, the sheriff shall do all of the following:
(1)	At the time and place advertised for the sale, publicly announce the postponement of the sale.
(2)	On the same day, attach to or enter on the notice of sale, posted as provided by G.S. 1‑339.52 in the case of real property or G.S. 1‑339.53 in the case of personal property, a notice of the postponement.
(3)	Give written or oral notice of postponement to the judgment debtor. Written notice of postponement shall be served in any manner provided in G.S. 1A‑1, Rule 5(b).
(c)	The posted notice of postponement shall be signed by the sheriff and shall state the following:
(1)	That the sale is postponed.
(2)	The hour and date to which the sale is postponed.
(3)	The reason for the postponement.
	
(d)	If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, the sheriff shall report these facts to the clerk of the superior court, who shall order the time and place of the sale of the property and the manner and length of time for the notice of the sale. Nothing in this section relieves the sheriff of liability for the nonperformance of the sheriff's official duty."
SECTION 3.  G.S. 45‑21.21 reads as rewritten:
"§ 45‑21.21.  Postponement of sale; notice of cancellation.
(a)	Any person exercising a power of sale may postpone the sale to a day certain not later than 90 days after the original date for the sale if any of the following occurs:
(1)	There are no bidders.
(2)	In the person's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.
(3)	There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the person's judgment, to hold the sale on that day.
(4)	The person is unable to hold the sale because of illness or for other good reason.
(5)	Other good cause exists.
The person exercising a power of sale may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale. The 90‑day time period is computed in the manner provided by G.S. 1A‑1, Rule 6.
(b)	Upon postponement of a sale, the person exercising the power of sale shall personally, or through the person's agent or attorney, do all of the following:
(1)	At the time and place advertised for the sale, publicly announce the postponement.
(2)	On the same day, attach to or enter on the notice of sale, posted as provided by G.S. 45‑21.17(1)a., a notice of the postponement.
(3)	Give written or oral notice of postponement to each party entitled to notice of sale under G.S. 45‑21.17.
(c)	The posted notice of postponement shall be signed by the person authorized to hold the sale, or by the person's agent or attorney, and shall state the following:
(1)	That the sale is postponed.
(2)	The hour and date to which the sale is postponed.
(3)	The reason for the postponement.
	
(d)	If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, or if on appeal, the appellate court orders a sale to be held, then prior to the sale taking place, G.S. 45‑21.16 does not apply, but G.S. 45‑21.16A, 45‑21.17, and 45‑21.17A again apply.
	
(f)	Repealed by Session Laws 2019‑243, s. 26(a), effective November 6, 2019.
(g)	If the sale is postponed pursuant to this section, then the person exercising the power of sale shall, immediately upon determining that the sale will not occur and prior to the scheduled time of the sale, deliver a written notice to the clerk of superior court that is to include all of the following:
(1)	The case number assigned by the clerk.
(2)	The name of each mortgagor and record owner.
(3)	The United States Postal Service address of the property or, if no address has been assigned, a brief description of the location of the property.
(4)	The originally scheduled date and time for the sale.
(5)	A statement that the foreclosure sale has been withdrawn, rescheduled for a specific date and time, or postponed with no date yet set, as appropriate.
(h)	If the notice required by subsection (g) of this section is not received by the clerk prior to the scheduled time of the sale, then the person exercising the power of sale shall personally, or through the person's agent or attorney, do all of the following:
(1)	At the time and place advertised for the sale, publicly announce the cancellation.
(2)	On the same day, attach to or enter on the notice of sale, posted as provided by G.S. 45‑21.17(1)a., a notice of the cancellation.
(3)	Give written or oral notice of cancellation to each party entitled to notice of sale under G.S. 45‑21.17.
(4)	Hand‑deliver the written notice required under subdivision (2) of this subsection to the clerk's office.
(i)	So that the notice required by subsection (g) of this section may be delivered in the time frame required, the clerk's office shall, upon request, provide to the person exercising the power of sale an email address or fax telephone number, or both, to use for delivery of notices.
(j)	Should the clerk's office be unexpectedly closed on the day of the sale or at the time designated for the sale to take place pursuant to G.S. 45‑21.23, the requirements of this section related to notice to or filings with the clerk are delayed until the next day the clerk's office is open for transactions.
(k)	All notices of a scheduled foreclosure sale, withdrawal of a scheduled sale, or postponement of a scheduled sale shall, on the day of receipt by the clerk, be posted by the person exercising the power of sale in the location at the county courthouse normally used for the posting of public notices. If a scheduled sale has been withdrawn, the notice shall remain in the location for no less than 30 days. If the sale has been postponed, the notice shall remain in the location until it is replaced by a notice of a rescheduled sale or of a withdrawn sale.
(l)	The delivery of notices required by this section in no way removes any responsibility of any party to file documents with the clerk as required elsewhere by law.
	"
SECTION 4.  This act becomes effective October 1, 2022, and applies to sales noticed on or after that date.
In the General Assembly read three times and ratified this the 1st day of July, 2022.

	s/	 Phil Berger
	 President Pro Tempore of the Senate

	s/	 Tim Moore
	 Speaker of the House of Representatives

	s/	 Roy Cooper
	 Governor

Approved 2:07 p.m. this 8th day of July, 2022