Execution: Sale of Real Property

Question 1

Sale of Real Property

Answer 1

Once the sheriff levies on the debtor’s real property, must wait 6 MONTHS before real property can be sold

Question 2

Sale of Real Property: Notice

Answer 2

(1) Newspaper Notice
(2) Courthouse Notice
(3) Property Owner Notice

Question 3

Sale of Real Property: Newspaper Notice

Answer 3

Sale must be advertised:

(1) Once each week;
(2) For 3 successive weeks;
(3) In at least one newspaper that circulates the county where the real property is located; and
(4) Beginning at least 30 days before date of the sale

Question 4

Sale of Real Property: Courthouse Notice

Answer 4

Written notice of sale must be posted on door of courthouse in each county in which the real property is located

Question 5

Sale of Real Property: Property Owner Notice

Answer 5

Sheriff must serve a copy of newspaper notice on each owner of the real property to be sold

Question 6

Sale of Real Property: Redemption

Answer 6

WHILE SALE IN PROGRESS: debtor may redeem real property by paying full amount due, including interests and costs of the sale

AFTER SALE: Debtor may not redeem after the real property is sold

Question 7

Sale of Real Property: Delivery of Deed

Answer 7

Immediately upon sale, sheriff must deliver a deed to successful purchaser

Question 8

Sale of Real Property: Return of Judgment

Answer 8

Sheriff must return judgment to the clerk of court, noting the sale

Question 9

Sale of Real Property: Distribution of Proceeds

Answer 9

In this order:

(1) Costs of sale
(2) Judgment creditor
(3) Creditors with subordinate liens
(4) Debtor