Short answer. Yes. When property sold under a writ of execution has been claimed by a third person, the certificate of sale the sheriff issues must expressly mention that a third-party claim exists. Sections 23 through 25 of the Rule all require this same disclosure, regardless of which kind of property was sold.

What the law says

When a property sold by virtue of a writ of execution has been claimed by a third person, the certificate of sale to be issued by the sheriff pursuant to sections 23, 24 and 25 of this Rule shall make express mention of the existence of such third-party claim.

Rule 39, Section 26 — Certificate of sale where property claimed by third person. Read the full provision →

The disclosure requirement

When property sold under a writ of execution has been claimed by a third person, the certificate of sale that the sheriff issues under Sections 23, 24, and 25 of the Rule must make express mention that such a third-party claim exists. The sheriff cannot simply issue the certificate as though the claim never happened. This obligation falls on the sheriff issuing the certificate, not on the purchaser or the parties, since the sheriff is the one who conducted the sale and issued the document.

Which certificates this covers

This disclosure duty applies across all three kinds of certificates the Rule provides for: those covering personal property capable of manual delivery, those covering personal property not capable of manual delivery, and those covering real property, so the obligation is not limited to any one type of sale. Whichever type of certificate is being issued, the sheriff cannot simply omit mention of a claim that was actually raised during the sale proceedings. This uniform treatment prevents the disclosure duty from turning on formal distinctions between property types that have nothing to do with whether a legitimate ownership dispute actually exists.

Why disclosure matters, and what it does not resolve

Noting the existing claim on the certificate puts the purchaser, and anyone later relying on that document, on notice that the title being conveyed is contested rather than clean. What the disclosure does not do is decide who actually owns the property; it only preserves the record that a dispute exists, leaving the actual question of ownership to be resolved separately. This keeps the record honest about the state of title at the time of sale, rather than letting a disputed claim disappear from the paperwork. A purchaser who proceeds despite the noted claim takes the property understanding that a rival claimant may still pursue that claim through the appropriate proceeding, rather than being shielded from it simply because the sale went through.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.