Short answer. Yes. You may recover the price you paid, with interest, from the judgment obligee — by motion in the same action or a separate action — or, alternatively, have the original judgment revived in your name for that amount, with the same force as an original judgment.
What the law says
If the purchaser of real property sold on execution, or his successor in interest, fails to recover the possession thereof, or is evicted therefrom, in consequence of irregularities in the proceedings concerning the sale, or because the judgment has been reversed or set aside, or because the property sold was exempt from execution, or because a third person has vindicated his claim to the property, he may on motion in the same action or in a separate action recover from the judgment obligee the price paid, with interest, or so much thereof as has not been delivered to the judgment obligor; or he may, on motion, have the original judgment revived in his name for the whole price with interest, or so much thereof as has been delivered to the judgment obligor. The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no more.
Rule 39, Section 34 — Recovery of price if sale not effective; revival of judgment. Read the full provision →
When this remedy applies
This remedy is available where the purchaser of real property sold on execution, or his successor in interest, fails to recover possession of the property, or is evicted from it, because of irregularities in the sale proceedings, because the underlying judgment was reversed or set aside, because the property sold turned out to be exempt from execution, or because a third person successfully vindicated a claim to the property. The common thread across all these situations is that the purchaser ends up losing the property they thought they had validly acquired, through no fault of their own.
Two options: recover the price, or revive the judgment
In any of those situations, the purchaser may, by motion in the same action or in a separate action, recover from the judgment obligee the price he paid, with interest, or so much of it as has not already been delivered to the judgment obligor. Alternatively, he may, on motion, have the original judgment revived in his own name for the whole price with interest, or for so much of it as has been delivered to the judgment obligor. Giving the purchaser this choice lets him pick whichever remedy better serves his actual interest.
Effect of a revived judgment
A judgment revived this way has the same force and effect as an original judgment would have, but only as of the date of the revival, and no more; it does not reach back to give the purchaser rights predating that revival. Limiting its effect to the date of revival, and no more, means the purchaser cannot claim interest or other benefits reaching back to the original, now-undone sale, and should keep that limitation in mind when weighing which remedy to pursue.
Related provisions
- Rule 39, Section 34 — Recovery of price if sale not effective; revival of judgment
- Rule 39, Section 33 — Deed and possession to be given at expiration of redemption period; by whom executed or given
- Rule 39, Section 35 — Right to contribution or reimbursement