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10/17/2017

Do you have to list the unit numbers and names of tenants when you post?

Charles Harris - Stow And Go Storage

This is my first auction do you have to list the unit numbers and names of tenants when you posted online with NCSSA. I know they do when running in newspaper.
Thanks for any assistance with this.


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4 Comments

Cindy Ashby   on Thursday 10/19/2017 at 03:25 PM

Hi Charles,

Yes, by the NC state statute, you must show the unit number, full name and brief description of the contents.

We have a copy of the state statutes available in our resources.
Good luck and make sure you are compliant in all ways.

Benjamin Butner   on Thursday 10/19/2017 at 06:08 PM

Hello Cindy,

Could you point me to the exact statute that you referenced? I've been reading over the statutes today to prepare for my first auctions and I had a similar question.

The only thing I found was in regards to the property description for the lien letter was in statute § 44A-43(b)(2)(b) "Provide a brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it, except that any container including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents;"

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=44A

Perhaps I overlooked the requirements for the advertisement?

Thanks!

Eddie Stallings    on Thursday 10/19/2017 at 07:32 PM

Charles, I’m glad to see you’re getting a return on your investment for your membership! I told you it was worth it. Welcome aboard!

Peter Allen   on Thursday 10/26/2017 at 03:39 PM

According to the NC lien law shown on http://www.selfstorage.org/Library/Public-Library, it looks like there is no specific requirements for the published notice of sale. In fact, if you run the auction online on a platform like Lockerfox, you satisfy the commercially reasonable requirement because you'll have many bidders attending the sale online, far more than the required 3.

Not less than five days prior to sale by public sale, the lienor shall publish notice of sale either (i) in a newspaper of general circulation in the county where the sale is to be held or (ii) in any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised

Unless I've missed something, I don't see any specifics regarding the content of the published notice of sale.

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