US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

25-13-801. Who may redeem — definition

25-13-801. Who may redeem — definition. (1) Property sold subject to redemption, as provided by 25-13-710, or any part sold separately may be redeemed in the manner provided in this part by the following persons or their successors in interest: (a) the judgment debtor, the judgment debtor’s spouse, or the judgment debtor’s successor in interest in the […]

25-13-802. Time for redemption — amount to be paid

25-13-802. Time for redemption — amount to be paid. The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser: (1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, […]

25-13-803. Subsequent redemptions — when permitted — amount paid

25-13-803. Subsequent redemptions — when permitted — amount paid. (1) If property is redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem the property from the last redemptioner on paying the sum on the last redemption with interest at the rate established by the judgment in the action that […]

25-13-804. Redemption by stockholder or corporation

25-13-804. Redemption by stockholder or corporation. (1) If a stockholder of a corporation redeems, the corporation, within 1 year after the date of sale, may redeem by paying to the redemptioner or the sheriff for the stockholder’s benefit the amount paid to effect the redemption, with interest on that amount at the rate established by the […]

25-13-805. Redemption by debtor from spouse

25-13-805. Redemption by debtor from spouse. If the spouse of a judgment debtor redeem, the judgment debtor, within 1 year after the date of sale, may redeem by paying the spouse or the spouse’s successors in interest or the sheriff for the benefit of the spouse or the successors in interest of the spouse the amount […]

25-13-806. Notice of redemption, liens, and taxes and assessments paid

25-13-806. Notice of redemption, liens, and taxes and assessments paid. Written notice of redemption must be given to the sheriff and a duplicate filed with the county clerk, and if any taxes or assessments are paid by the redemptioner or if the redemptioner has or acquired any liens other than that upon which the redemption was made, […]

25-13-807. Papers redemptioner must produce

25-13-807. Papers redemptioner must produce. A redemptioner shall produce, to the officer or person from whom the redemptioner seeks to redeem, and serve with the notice to the sheriff: (1) (a) a copy of the docket of the judgment under which the redemptioner claims the right to redeem, certified by the clerk of the court or by the […]

25-13-808. To whom redemption money paid

25-13-808. To whom redemption money paid. The payment mentioned in 25-13-802 through 25-13-806 may be made to the purchaser or redemptioner, as the case may be, or for the petitioner or redemptioner to the officer who made the sale or, if the officer’s term of office has expired, to the successor in office. History: En. Sec. 233, […]

25-13-810. When purchaser entitled to conveyance

25-13-810. When purchaser entitled to conveyance. If a redemption is not made within 1 year after the sale, the purchaser or the purchaser’s assignee is entitled to a conveyance. If redeemed, whenever 60 days have elapsed and no other redemption has been made and notice of redemption is given and the time for redemption has expired, […]

25-13-811. Who to execute conveyance

25-13-811. Who to execute conveyance. In all cases when, under the provisions of this chapter, a purchaser of property at execution sale is entitled to a conveyance of the property, the conveyance must be executed to the purchaser by the officer who made the sale if the officer is still in office, but if the officer […]

25-13-821. Possession of lands during redemption period

25-13-821. Possession of lands during redemption period. The purchaser of land at execution sales is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the debtor and the debtor’s family. The intention […]

25-13-822. Rents and profits during redemption period — accounting

25-13-822. Rents and profits during redemption period — accounting. (1) The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of the redemptioner’s redemption until another redemption, are entitled to receive from the tenant in possession the rents of the property sold or the value of the use and […]

25-13-823. Restraint of waste during redemption period

25-13-823. Restraint of waste during redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of the […]

25-13-824. Enjoining injury to property after sale and before conveyance

25-13-824. Enjoining injury to property after sale and before conveyance. The court or judge may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property after a sale on execution, before a conveyance. History: En. Sec. 240, p. 93, Bannack Stat.; re-en. Sec. 261, p. 188, […]

25-13-825. Damages for injury to property after sale and before conveyance

25-13-825. Damages for injury to property after sale and before conveyance. When real property has been sold on execution, the purchaser or any person who may have succeeded to the purchaser’s interest may, after the purchaser’s estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale and before possession […]