§ 46A-85. Order becoming final; appeal; purchase of property.
252 words·~1 min read·
/nc/chapter-46a/46a-85A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 46A-85. Order becoming final; appeal; purchase of property.
(a)Order Becoming Final; Appeal. - An order confirming the partition sale of real property becomes final 15 days after entry of the order of confirmation or when the clerk denies a petition for revocation, whichever occurs later. A party may appeal an order confirming the partition sale of real property within 10 days of the order becoming final.
(b)Purchase of Property. - After the order of confirmation becomes final, the successful bidder may immediately purchase the property.
(c)Effect of Deed. - The deed of the officer or person designated to make the sale shall convey to the purchaser such title and estate in the property as the cotenants and all other parties to the proceeding had in the property.
(d)Sale Proceeds. - Upon receipt of the sale proceeds by either the court or the commissioner, the court shall secure to each cotenant the cotenant's ratable share in severalty of the proceeds of sale. If the ratable share due to each cotenant has not yet been determined by the court, the court shall set the matter for hearing on the court's own motion or upon motion of a party or commissioner. (1868-9, c. 122, ss. 13, 31; Code, ss. 1904, 1921; Rev., ss. 2512, 2513; C.S., ss. 3241, 3244; 1949, c. 719, s. 2; 1977, c. 833, ss. 1-3; 1985, c. 626, ss. 3-8; 2001-271, s. 19; 2009-362, s. 4; 2009-512, s. 5; 2020-23, ss. 2(jj)-( ll ), (nn), 3.)