Short answer. The judgment obligor, not the purchaser or a redemptioner. Rule 39, Section 32 gives all rents, earnings, and income derived from the property pending redemption to the judgment obligor until his period of redemption expires, at which point the purchaser's rights over the property, and its income, finally take effect.
What the law says
The purchaser or a redemptioner shall not be entitled to receive the rents, earnings and income of the property sold on execution, or the value of the use and occupation thereof when such property is in the possession of a tenant. All rents, earnings and income derived from the property pending redemption shall belong to the judgment obligor until the expiration of his period of redemption.
Rule 39, Section 32 — Rents, earnings and income of property pending redemption. Read the full provision →
Purchaser or redemptioner not entitled to the rents yet
The purchaser at the execution sale, or a redemptioner, is not entitled to receive the rents, earnings, and income of the property while the redemption period is running, nor to the fair rental value of the property's use and occupation, for as long as the property remains in the actual possession of a tenant during that time. This holds true no matter how personally confident the purchaser may be that the obligor will ultimately fail to redeem; the rents still belong squarely to the obligor until redemption actually and finally lapses without being exercised. Even a purchaser convinced redemption will never happen has no present right to demand the rents while the period is still legally running.
Where the rents go instead, and until when
Instead, all rents, earnings, and income actually derived from the property pending redemption belong entirely to the judgment obligor himself, and that entitlement lasts until the expiration of the obligor's period of redemption, at which point, if he has not redeemed, the purchaser's rights take full effect. Once that period lapses without redemption, the purchaser's title becomes absolute and final, and any rents collected afterward would then belong squarely to the purchaser instead, without further question or delay.
Why ownership benefits stay with the obligor
Because the obligor retains the right to redeem and reclaim the property outright during this period, the Rule keeps the property's income with him until that right actually lapses, rather than splitting the income prematurely with a purchaser whose title has not yet become final. Splitting the income before that point would effectively treat the sale as final before the law actually allows it to be treated that way. It also gives the obligor continued access to the property's earnings while he still has a genuine, real chance to raise the funds actually needed to redeem the property.
Related provisions
- Rule 39, Section 32 — Rents, earnings and income of property pending redemption
- Rule 39, Section 31 — Manner of using premises pending redemption; waste restrained
- Rule 39, Section 33 — Deed and possession to be given at expiration of redemption period; by whom executed or given