Title 44, Chapter 2, Section 165
( 44-2-165)
If the debt secured by a creditor's certificate or any part thereof
becomes due and unpaid, the holder of the creditor's certificate
may, after advertising the property for sale in the manner
prescribed by law for advertising sheriff's sales of land, sell the
property at auction before the courthouse door of the county and
sell it to the highest and best bidder for cash. The sale need not
be conducted by the creditor or holder of the creditor's certificate
personally but may be conducted through any agent or attorney. The
holder of the certificate, his agent, or his attorney shall
thereupon make an oath to the facts and apply to the judge for an
order of transfer to the purchaser. The application shall be
accompanied by a certified copy of the certificate of title from the
title register as of the date of the sale. The judge shall cause at
least five days' notice to be given to the debtor and to any persons
who, according to the title register, have acquired any interest in
the property subsequent to the issuance of the creditor's
certificate; and, if no objections are made or if objections are
made after a hearing, the judge shall grant an order of transfer
with such directions for cancellation of other certificates and
entries and otherwise as shall be in accordance with the justice of
the case and with the spirit of this article. The proceeds of the
sale shall be applied first to the payment of the costs of
advertising the sale and obtaining the judge's order of transfer,
then to the payment of the debt, and any remainder shall be paid to
the debtor or his order. |