§ 2791. Return of execution
§ 2791. Return of execution The officer commencing proceedings for sale on execution of real estate or the right to collect and receive rents, issues, and profits thereof, may make such sale, although the return day of the execution has passed, and shall return the execution within five business days after the sale. A failure […]
§ 2792. Form of deed; costs
§ 2792. Form of deed; costs The deed executed by the officer of lands sold on execution, shall be taxed as a part of the costs on the execution at one dollar, and shall be substantially in the following form: KNOW ALL MEN BY THESE PRESENTS, That, whereas, an execution against …………….. of ……………………. in […]
§ 2793. Form where attached on original writ
§ 2793. Form where attached on original writ When such real estate was attached on the original writ, the officer shall insert in the deed of sale the time of such attachment and vary the deed accordingly.
§ 2794. Execution upon real estate; homestead a part
§ 2794. Execution upon real estate; homestead a part When an execution is levied upon real estate of which the debtor’s homestead is a part or upon that part of a homestead in excess of $125,000.00 in value, the location and boundaries of the homestead shall be ascertained before the sale and set out in […]
§ 2795. When encumbered by mortgage
§ 2795. When encumbered by mortgage When a right of redemption in mortgaged lands is taken and sold on execution, the officer shall ascertain and state at the time of sale the value of the encumbrance, or the amount of the mortgage debt, when it can be ascertained, and state the same in his or […]
§ 2796. Redemption—Bond; writ of possession; accounting by purchaser for rents and profits
§ 2796. Redemption—Bond; writ of possession; accounting by purchaser for rents and profits When real estate is sold on execution, the debtor or person claiming under him or her may redeem the same at any time within six months from the date of such sale. He or she shall file a bond within 14 days […]
§ 2797. Rents, profits, and waste; appraisal; collection
§ 2797. Rents, profits, and waste; appraisal; collection When the parties cannot agree as to the value of the rents and profits under section 2796 of this title, either party may apply to the clerk of the court or magistrate who issued the execution, if he or she is in office and not disqualified and […]
§ 2798. Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession
§ 2798. Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession When the purchaser has gone into possession and the debtor wishes to redeem the premises, he or she may tender to the purchaser the amount of the purchase money less the sum due for the rents and profits, with […]
§ 2799. Costs
§ 2799. Costs When the debtor fails to redeem such premises, the expenses of such appraisal of such rents, profits, and damages shall be paid by the debtor. When the purchaser has gone into possession of the land and the debtor redeems, if the court finds the tender sufficient, the debtor shall recover his or […]
§ 2800. Certificate of redemption
§ 2800. Certificate of redemption When the debtor redeems the premises, the clerk or magistrate shall give him or her a certificate of such redemption, at his or her expense, which, if recorded on the margin of the record of such sale, shall be full evidence that such land has been redeemed.