§ 36-9-633. Postponement of public sale.

358 words·~2 min read·/sc/title-36-commercial-code/chapter-9/commercial-code-secured-transactions/36-9-633·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person exercising a power of sale or conducting a public sale may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the sale:

(a)When there are no bidders; or

(b)When, in his judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty; or

(c)When there are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable in his judgment to hold the sale on that day; or

(d)When he is unable to hold the sale because of illness or for other good reason; or

(e)When other good cause exists.

(2)Upon postponement of a public sale, the person exercising the power of sale shall personally, or through his agent or attorney:

(a)At the time and place advertised for the sale, publicly announce the postponement of the sale;

(b)On the same day, attach to or enter on the original notice of sale or a copy of the original notice of sale, posted on the bulletin board provided for this purpose, as provided by Section 36-9-631 , a notice of the postponement.

(3)The posted notice of postponement shall:

(a)State that the public sale is postponed;

(b)State the hour and date to which the public sale is postponed;

(c)Substantially state the reason for the postponement;

(d)Be signed by the person authorized to hold the public sale, or by his agent or attorney.

(4)If a public sale is not held at the time fixed for the public sale and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed for the postponed sale, the person authorized to hold the public sale may readvertise the property in the same manner as he was required to advertise the sale which was not held and may hold a public sale at a later date as is fixed in the new notice of sale.