§ 3351. Attachment, taking in execution, and sale Personal property not exempt from attachment, subject to a mortgage, pledge, or lien, may be attached, taken in execution, and sold as the property of the mortgagor, pledgor, or general owner, in the same manner as other personal property, except as otherwise provided in this subchapter. (Amended […]
§ 3352. Statement of secured debt The officer making such attachment or taking such property on execution may make a written demand of the mortgagee, pledgee, or the holder of such lien, for an account in writing, under oath, of the amount due upon the debt secured by such mortgage, pledge, or lien, and may […]
§ 3353. Payment of debt if due When such debt is due at the time of rendering the account, the creditor so attaching or causing such property to be taken on execution may pay or tender, within 10 days after such account is rendered, the amount so rendered to the mortgagee, pledgee, or holder of […]
§ 3354. Payment of debt becoming due before sale When such debt is not due at the time of rendering the account, but becomes due before the time fixed by the officer making such attachment or levy of execution for the sale of the property, within 10 days after the debt becomes due and before […]
§ 3355. Payment of debt not due When such debt is not due at the time fixed by the officer for sale of the property, the creditor may offer to pay the debt to the mortgagee, pledgee, or holder of the lien. If such payment is accepted, the same proceedings may be had as provided […]
§ 3356. Subrogation of creditor by payment When such creditor pays or tenders such debt to the mortgagee, pledgee, or holder of such lien, as provided in sections 3353-3355 of this title, he or she shall be subrogated to all the rights of such mortgagee, pledgee, or holder, and may cause the same to be […]
§ 3357. Sale of property subject to mortgage, pledge, or lien When the mortgagee, pledgee, or holder of a lien duly renders such account, whether or not the debt is due, the attaching creditor may cause the property to be sold subject to the mortgage, pledge, or lien, without first paying or tendering the amount […]
§ 3358. Subrogation of purchaser When a mortgagor, pledgor, or conditional vendee of property sold on execution under the provisions of this subchapter fails or refuses to discharge such lien after it becomes due and payable, and within 10 days after written notice so to do is served upon him or her by the purchaser […]
§ 3359. Property subject to conditional sales contract—Attachment and execution If property, in pursuance of the terms of a conditional sales contract, has passed into the possession of the vendee and the purchase money or part thereof remains unpaid, a creditor of the vendee may attach or levy his or her execution upon the property, […]
§ 3360. Proceeds of sale The officer making such attachment or levy shall hold and dispose of such property like other personal property attached or levied upon, and from the proceeds of the sale thereof pay to the creditor the amount by him or her paid or tendered to the vendor and apply the residue […]
§ 3361. Defense in action by vendor If the vendor refuses to receive the amounts so tendered him or her and brings an action on account of the attachment or levy, the tender shall constitute a defense. On proof thereof and payment of the money tendered into court, the defendant may recover his or her […]
§ 3362. Mortgagee taking possession; foreclosure of mortgage, pledge, or lien Sections 3351-3361 of this title shall not be construed so as to prevent or delay a mortgagee or a conditional vendor from taking possession of the secured property at any time for its necessary care and preservation, nor to prevent or delay the due […]
§ 3363. Property in hands of bailee—Taking of reversionary interest of lessor, bailor, pledgor, or other owner The reversionary title in personal property may be attached or levied upon as the property of the lessor, bailor, pledgor, or other person owning the same, subject to the contract rights of the party holding possession thereof.
§ 3364. Service of process on person holding property A valid lien on such property shall be created by delivering to the person so holding it a true and attested copy of the process upon which it is attached or levied, with the return of the officer thereon describing it, which shall have the same […]
§ 3365. Sale of reversionary interest The reversionary interest in the property may be sold at public sale, as personal property is required to be sold upon legal process, subject to the contract rights under which it is held.
