Before the sale of property on execution notice shall be given as follows:
(1) if the sale be of personal property, by giving ten days posted notice of the time and place thereof;
(2) if the sale be of real property, on execution or on judgment, by six weeks posted and published notice of the time and place thereof, describing the property with sufficient certainty to enable a person of common understanding to identify it; and
(3) a judgment creditor shall record a certified copy of the order directing sale of real property issued pursuant to section 550.175, if the real property is a homestead, with the county recorder or registrar of titles as appropriate in the county in which the real property is located before the first date of publication of the notice of sale required under clause (2).
An officer who sells without such notice shall forfeit $100 to the party aggrieved, in addition to paying actual damages; and a person who before the sale or the satisfaction of the execution, and without the consent of the parties, takes down or defaces the notice posted, shall forfeit $50; but the validity of the sale shall not be affected by either act, either as to third persons or parties to the action.
Notes of Decisions
Fid. & Deposit Co. of Maryland v. Riopelle, 216 N.W.2d 674 (Minn. 1974).
· cites it 3× “The plain meaning of the language of the last paragraph of § 550.18 is that the sole remedy for lack of notice (and presumably for defects in notice) is recovery of actual damages plus $100 from the officer responsible for such notice.”
Boline v. Doty, 345 N.W.2d 285 (Minn. Ct. App. 1984).
“The trial court ordered that the appellants’ stock in the Crosstown Market (formerly known as the Convenient Food Mart) be sold by the sheriff to satisfy the lien which had attached to the common stock and assets of the store.”
Jallo v. Jallo, 17 N.W.2d 710 (Minn. 1945).
· cites it 3× “” *245 Section 550.18 (Mason St. 1927, § 9433), which establishes the manner for giving notice of sale on execution, provides: “Before the sale of property on execution notice shall be given as follows: ***** “(2) If the sale be of real property, on execution or on judgment, by…”
Minn. Stat. § 550.18(2): 1 case
Fid. & Deposit Co. of Maryland v. Riopelle, 216 N.W.2d 674 (Minn. 1974).
“The plain meaning of the language of the last paragraph of § 550.18 is that the sole remedy for lack of notice (and presumably for defects in notice) is recovery of actual damages plus $100 from the officer responsible for such notice.”
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