Section 626.77 – Penalty for selling without notice.
626.77 Penalty for selling without notice. An officer selling without the notice prescribed in sections 626.74 and 626.75, shall forfeit one hundred dollars to the defendant in execution, in addition to the actual damages sustained by either party; but the validity of the sale is not thereby affected. [C51, §1907; R60, §3312; C73, §3081; C97, […]
Section 626.78 – Notice to defendant.
626.78 Notice to defendant. If the debtor is in actual occupation and possession of any part of the land levied on, the officer having the execution shall, at least twenty days previous to such sale, serve the debtor with written notice, stating that the execution is levied on said land, and mentioning the time and […]
Section 626.79 – Setting aside sale.
626.79 Setting aside sale. Sales made without the notice required in section 626.78 may be set aside on motion made within ninety days thereafter. [R60, §3318; C73, §3087; C97, §4025; S13, §4025; C24, 27, 31, 35, 39, §11727; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.79]
Section 626.80 – Time and manner.
626.80 Time and manner. 1. The sale must be at public auction, between 9:00 a.m. and 4:00 p.m., and the hour of the commencement of the sale must be fixed in the notice. 2. The sheriff shall receive and give a receipt for a sealed written bid submitted prior to the public auction. The sheriff […]
Section 626.81 – Sale postponed.
626.81 Sale postponed. When there are no bidders, or when the amount offered is grossly inadequate, when from any cause the sale is prevented from taking place on the day fixed, when requested by the judgment creditor, or when the parties so agree, the officer may postpone the sale without being required to give any […]
Section 626.82 – Overplus.
626.82 Overplus. When the property sells for more than the amount required to be collected, the overplus must be paid to the debtor, unless the officer has another execution in the officer’s hands on which said overplus may be rightfully applied, or unless there are liens upon the property which ought to be paid therefrom, […]
Section 626.83 – Deficiency — additional execution.
626.83 Deficiency — additional execution. If the property levied on sells for less than sufficient to satisfy the execution, the judgment holder may order out another, which shall be credited with the amount of the previous sale. The proceedings under the second execution shall conform to those prescribed in this chapter for the first execution. […]
Section 626.84 – Plan of division of land.
626.84 Plan of division of land. At any time before 9:00 a.m. of the day of the sale, the debtor may deliver to the officer a plan of division of the land levied on, subscribed by the debtor, and in that case the officer shall sell, according to said plan, so much of the land […]
Section 626.69 – Labor or wage claims preferred.
626.69 Labor or wage claims preferred. When the property of any company, corporation, firm, or person shall be seized upon by any process of any court, or placed in the hands of a receiver, trustee, or assignee, or seized by the action of creditors, for the purpose of paying or securing the payment of the […]
Section 626.85 – Failure of purchaser to pay — optional procedure.
626.85 Failure of purchaser to pay — optional procedure. When the purchaser fails to pay the money when demanded, the judgment holder or the holder’s attorney may elect to proceed against the purchaser for the amount; otherwise the sheriff shall treat the sale as a nullity, and may sell the property on the same day, […]