Short answer. Yes, if the obligor's interest in the real estate can be ascertained without controversy. The court may order the receiver to sell and convey the real estate or the obligor's interest in it, conducted the same way as an execution sale, with court approval before the deed is executed.
What the law says
If it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had, as mortgagor or mortgagee or otherwise, and his interest therein can be ascertained without controversy, the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein; and such sale shall be conducted in all respects in the same manner as is provided for the sale of real estate upon execution, and the proceedings thereon shall be approved by the court before the execution of the deed.
Rule 39, Section 42 — Sale of ascertainable interest of judgment obligor in real estate. Read the full provision →
When this applies
This provision applies where it appears that the judgment obligor has an interest in real estate located where the enforcement proceedings are being had, whether as mortgagor, mortgagee, or in some other capacity, and where that interest can be ascertained without controversy, meaning there is no real dispute about the extent of what he owns. Where the extent of the obligor's interest is genuinely disputed, this particular remedy is not available until that underlying controversy is resolved some other way, keeping the mechanism from being used to short-circuit a genuine ownership dispute. A party who believes the interest is genuinely contested can raise that objection before the court orders a sale under this provision.
The receiver's authority and how the sale is conducted
In that situation, the receiver appointed under the preceding section may be ordered to sell and convey the real estate itself, or just the obligor's interest in it, and that sale must be conducted in all respects in the same manner already provided for the sale of real estate upon ordinary execution. Following the same procedure as an ordinary execution sale keeps the process consistent and familiar, rather than inventing a separate set of rules just for receivership sales, and lets a buyer rely on the same body of established practice.
Court approval required before the deed
Before the deed conveying the property can actually be executed, the proceedings on the sale must first be approved by the court. This final check ensures the sale of an ascertainable but non-execution-levied interest still goes through the same judicial oversight as a regular execution sale would. This step gives the court a final opportunity to catch any irregularity in the sale before ownership is formally transferred through the deed. A sale that skipped this approval step, or where the deed was executed before approval was obtained, would not comply with the section as written.
Related provisions
- Rule 39, Section 42 — Sale of ascertainable interest of judgment obligor in real estate
- Rule 39, Section 41 — Appointment of receiver
- Rule 39, Section 43 — Proceedings when indebtedness denied or another person claims the property