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Rule 2-644 – Sale of Property Under Levy

May 13, 2021 | Civil Prodcedure, Maryland

(a) By Sheriff. Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule. No sale shall be made before 30 days after the levy or before disposition of an election made by the judgment debtor pursuant to Rule 2-643(d). The sheriff may sell so much of the debtor’s interest in the property under levy as is necessary to obtain the amount of the judgment and costs of the enforcement proceedings. The debtor’s interest includes all legal and equitable interests of the debtor in the property at the time the judgment became a lien on the property.
(b) Notice of Sale. The sheriff shall give notice of the time, place, and terms of the sale. The notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and published in a newspaper of general circulation in the county where the property is located at least (1) ten days before the sale of an interest in personal property or (2) 20 days before the sale of an interest in real property. When the property under levy is perishable, the sheriff may sell the property with less notice or with no notice, if necessary to prevent spoilage and loss of value.
(c) Conduct of Sale. The sale shall be public and shall be held at the time and place given in the notice. The sale shall be for the highest cash offer, but the sheriff may reject all offers if they are unconscionably low and offer the property for sale at a later time. When both personal property and real property have been levied upon under the same judgment, the sheriff upon written request of the debtor received prior to the first publication of notice of a first sale, shall sell the property in the order requested. Otherwise the order of sale shall be in the discretion of the sheriff.
(d) Transfer of Real Property Following Sale. The procedure following the sale of an interest in real property shall be as prescribed by Rule 14-305, except that (1) the provision of Rule 14-305(f) for referral to an auditor does not apply and (2) the court may not ratify the sale until the judgment creditor has filed a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with Code, Tax-Property Article, § 2-211. After ratification of the sale by the court, the sheriff shall execute and deliver to the purchaser a deed conveying the debtor’s interest in the property, and if the interests of the debtor included the right to possession, the sheriff shall place the purchaser in possession of the property. It shall not be necessary for the debtor to execute the deed.
(e) Transfer of Personal Property Following Sale. Following the sale of personal property, the sheriff shall execute and deliver to the purchaser a bill of sale conveying the debtor’s interest in the property. If the interests of the debtor include the right to possession, the sheriff shall deliver the property to the purchaser.
(f) Distribution of Proceeds. The sheriff may withdraw from the proceeds of the sale all appropriate unpaid sheriff’s expenses and fees incident to the enforcement proceedings. Unless otherwise ordered by the court, the sheriff shall distribute the balance of the proceeds of the sale, first to the judgment creditor in satisfaction of the amount owed under the judgment plus costs of the enforcement proceedings advanced by the creditor, and then, to the judgment debtor.

Cross reference: Code, Courts Article, §§ 11-510 and 11-511.

(g) Report to the Court. The sheriff shall file a report stating the property sold, the purchasers, the amount of the proceeds, and the distribution of the proceeds.

Cross reference: For sale of the property of a corporation, joint stock company, association, limited liability company, limited liability partnership, or limited liability limited partnership on an execution of a judgment against it for the amount of fines or costs awarded against it in a criminal proceeding, see Code, Criminal Procedure Article, § 4-203.

Md. R. Civ. P. Cir. Ct. 2-644

This Rule is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 10, 1995, eff. Feb. 1, 1995; June 5, 1996, eff. Jan. 1, 1997; Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in section (d), substituted “Rule 14-305(f) for “Rule 14-305(c)(4).

2007 Orders

The May 8, 2007, order added the cross reference after section (g).