Advertisement of sale
69.07 Advertisement of sale
(1) Before putting property up for sale under a warrant, the Sheriff shall advertise the sale by giving notice of the time and place of sale, and of particulars of the property, in the manner which seems to him best to give publicity to the sale.
(2) The Sheriff shall not advertise the sale of land until the creditor has satisfied him, by such means as he may reasonably require, that a copy of the warrant has been served on the Registrar-General and that a memorial of the warrant has been entered on the original Certificate of Title under the Land Title Act 2000.
(3) An advertisement relating to the intended sale of land by the Sheriff shall be in Form 69A and include:
(a) a concise description of the land, including its location, stated in terms calculated to enable interested persons to identify it;
(b) a statement in general terms of the improvements, if any, believed by the Sheriff to be on the land;
(c) a statement of the last known address of the debtor; and
(d) a statement of the interest, if any, of the debtor according to the Register Book under the Land Title Act 2000 and of the entries in the Register Book which affect or may affect the land as at the date of service on the Registrar-General of the warrant.
(4) The creditor shall serve personally on the debtor a copy of the advertisement not later than 14 days before the date of the intended sale.
(5) The Court may dispense with service under subrule (4).
(6) Not later than 3 days, or such lesser period as the Sheriff allows, before the date advertised for the sale, the creditor shall:
(a) file an affidavit of service of a copy of the advertisement or, where the Court makes an order for substituted service of the advertisement, an affidavit showing due compliance with the order; and
deliver to the Sheriff:
(i) where a copy of the advertisement is served on the debtor – a copy of the affidavit of service;
(ii) where the Court makes an order dispensing with service of a copy of the advertisement – a copy of the order; and
(iii) where the Court makes an order for substituted service of the advertisement – a copy of the order and of the affidavit showing due compliance.
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