Procedure for redemption

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  • The mode of redeeming shall be as provided in this section.
  • The person seeking to redeem may redeem by paying to the marshal the sum required. The marshal shall give the person redeeming a certificate, as in case of sale on execution, adding therein the sum paid on redemption, from whom redeemed, and the date thereof and shall at once give notice of such redemption to the party from whom redeemed. A party seeking to redeem shall submit to the marshal the evidence of his right thereto, as follows:
    • (1) If he is a lien creditor, a copy of the judgment under which he claims the right to redeem, certified by the clerk of the court where such judgment is docketed, or if he seeks to redeem upon a mortgage, the certificate of the record thereof.

    • (2) A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or agent showing the amount then actually due on the judgment or mortgage.

    • (3) If the prior redemptioner or purchaser has a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the marshal the like evidence thereof and of the amount due thereon, or the same may be disregarded.

  • When two or more persons apply to the marshal to redeem at the same time he shall allow the person having the prior lien to redeem first, and so on. The marshal shall immediately pay the money over to the person from whom the property is redeemed, if he attends at the redemption, or if not, at any time thereafter when demanded. Where a marshal wrongfully refuses to allow any person to redeem, his right thereto shall not be prejudiced thereby and upon the submission of the evidence and the tender of the money to the marshal as herein provided, he may be required by order of the court to allow such redemption.


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