§ 2781. Real estate which may be taken Houses, lands, and tenements belonging to a person in his or her own right in fee, or for his or her own life, or the life of another, paying no rents for the same, or for years, or an unlimited time, paying rents for the same, and […]
§ 2782. Real estate defined The words “real estate” as used in this chapter shall mean such lands, tenements, rights, and estates as are made liable to execution by section 2781 of this title.
§ 2783. Officer may lodge copy in clerk’s office When the officer holding an execution for collection is directed by the creditor, his or her agent or attorney, to levy the same on the real estate of the debtor, he or she may lodge in the office where by law a deed of such real […]
§ 2784. Estate held five months The real estate thus designated shall be held to satisfy such execution for the term of five months from the time of lodging the copy thereof, as provided in section 2783 of this title. When encumbered by previous attachments, the lien thus created shall remain, after the removal of […]
§ 2785. Estate in joint tenancy When the real estate of a debtor is held in joint tenancy, coparcenary, or tenancy in common, with the real estate of other persons, the officer may levy the execution on such debtor’s undivided interest in such real estate, and sell the same as other real estate may be […]
§ 2786. Sale of real estate on execution; public auction When an execution is levied upon real estate, the same or an undivided fractional part thereof sufficient to satisfy the execution with costs shall be sold at public auction by the officer to the highest bidder, in satisfaction of the execution, either upon such real […]
§ 2787. Notice, advertisement, and sale The officer levying the execution shall give the debtor at least 60 days’ notice of the time and place of sale in writing, served upon him or her, within or outside the State, either (1) by delivery in hand personally or (2) by registered or certified mail, return receipt […]
§ 2788. Notice to subsequent attaching or levying creditor When the real estate levied upon is subject to a subsequent attachment or levy, the officer shall give notice of such sale to the subsequent attaching or levying creditor in the same manner as provided for notice to the execution debtor in section 2787 of this […]
§ 2789. Adjournment; manner of sale For good cause, the officer may postpone such sale for a time not exceeding seven days, and so from time to time until it is completed, giving notice of such adjournment by public proclamation at the time and place appointed for the sale. Such real estate, or an undivided […]
§ 2790. Officer’s deed to purchaser; effect The officer selling such real estate, if the same is not redeemed, shall make, execute, and acknowledge a sufficient deed thereof to the purchaser, and deliver the same to him or her as hereinafter provided. When the deed is recorded in the office where by law a deed […]
§ 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 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 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 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 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 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 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 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 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 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.
