s 64
In forcePersonal property to be sold in preference to real property
Part 4Enforcing monetary judgments
Division 6Seizing and selling a judgment debtor’s property
Subdivision 1General
64 Personal property to be sold in preference to real property
(1)
Under a property (seizure and sale) order, a judgment debtor’s saleable interest in any real property must not be sold unless the sheriff is satisfied that the amount that is reasonably likely to be realised from selling the judgment debtor’s saleable interest in any personal property under the order will not be sufficient to satisfy the judgment debt.
(2)
Subsection (1) does not prevent a judgment debtor’s saleable interests in real property and in personal property being sold at the same time.
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