The Statewide Title Newsletter and Legal Memorandum

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Issue  23  Article  56
Published:  6/1/1997

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Foreclosures and Legal Holidays
Statewide Title, Inc.

G.S. 45-21.23 states that a foreclosure sale shall be held between 10:00 AM and 04:00 PM on any day other than Sunday or a "legal holiday." The following is a list of holidays from G.S. 103-4(a):

(1) New Year's Day, January 1.

(1a) Martin Luther King, JR’s, Birthday, the third Monday in January.

(2) Robert E. Lee's Birthday, January 19.

(3) Washington's Birthday, the third Monday in February.

(3a) Greek Independence Day, March 25.

(4) Anniversary of signing of Halifax Resolves, April 12.

(5) Confederate Memorial Day, May 10.

(6) Anniversary of Mecklenburg Declaration of Independence, May 20.

(7) Memorial Day, the last Monday in May.

(8) Good Friday.

(9) Independence Day, July 4.

(10) Labor Day, the first Monday in September.

(11) Columbus Day, the second Monday in October.

(11a) Yom Kippur.

(12) Veterans Day, November 11.

(13) Tuesday after the first Monday in November in years in which a general election is to be held.

(14) Thanksgiving Day, the fourth Thursday in November.

(15) Christmas Day, December 25.

G.S. 103-4(b) states that whenever a public holiday shall fall upon a Sunday, the following Monday shall be a public holiday.

Robert E. Lee's Birthday, January 19, Greek Independence Day, March 25, Anniversary of signing of Halifax Resolves, Confederate Memorial Day, May 10, Anniversary of Mecklenburg Declaration of Independence, May 20, Columbus Day, the second Monday in October and Yom Kippur are holidays that are not widely recognized as days on which a foreclosure sale may not be conducted. In fact many of the legal holidays are not observed with courthouse closing and therefore some title examiners and foreclosure attorneys are not always alert to the possible title defect caused by failure to observe the requirements of the statutes.

Depending upon various factors involved, including the passage of time or lack of any equity in the property, a title insurer may be willing to insure over a sale date taking place on one of these dates and should be consulted for assistance.


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