Text of the provision
Sec. 42. Sale of ascertainable interest of judgment obligor in real estate. — 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.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 39, Section 42. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 42 of Rule 39 (Execution, Satisfaction And Effect Of Judgments) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 41 — Appointment of receiver.
- Section 43 — Proceedings when indebtedness denied or another person claims the property.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.