A public sale of realty or interest therein under any order, judgment or decree of any court of the United States shall not be made without notice published once a week for at least four weeks prior to the sale in at least one newspaper regularly issued and of general circulation in the county, state, or judicial district of the United States wherein the realty is situated.
If such realty is situated in more than one county, state, district or circuit, such notice shall be published in one or more of the counties, states, or districts wherein it is situated, as the court directs. The notice shall be substantially in such form and contain such description of the property by reference or otherwise as the court approves. The court may direct that the publication be made in other newspapers.
This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency.
Notes of Decisions
Cited in
56
cases (
10 in the last 5 years), 1957–2025 · leading case:
Steward v. Moskowitz, 5 A.3d 638 (D.C. 2010).
Steward v. Moskowitz, 5 A.3d 638 (D.C. 2010).
· cites it 29× “required under 28 U.S.C. § 2002 .” And, Mr. Steward declared that if the sale remained in effect, T Street Associates would gain: “a windfall of approximately $450,000.”
In Re Watts, 273 B.R. 471 (Bankr. D.S.C. 2000).
· cites it 3× “sales, found at 28 U.S.C. § 2002 . The latter provides that: A public sale of realty or interest therein under any order, judgment or decree of any court of the United States shall not be made without notice published once a week for at least four weeks prior to the sale in at…”
United States v. Harriman, 851 F. Supp. 2d 190 (D. Me. 2010).
· cites it 2× “The Court hereby AMENDS the Judgment dated February 3, 2010 (Docket # 21) to provide: 1) The United States shall sell the mortgaged premises in one parcel or in separate parcels at public sale pursuant to the requirements of 28 U.S.C. § 2002 , 14 M.R.S. §§ 6323, 6324, and this…”
Samuel v. Frohnmayer, 770 P.2d 914 (Or. Ct. App. 1989).
“Main, 295 F Supp 207, 218 (WD Mo 1968), *567 in which the court looked both to state law and to what it described as the court’s inherent equitable authority under 28 USC § 2002 as sources for an award of attorney fees.”
Hill v. Courter, 344 F. Supp. 2d 484 (E.D. Va. 2004).
“See id; 28 U.S.C. § 2002 ("A court of the United States may not grant an injunction to stay proceedings in a State court except .”
United States v. Warren Brown & Sons Farms, 868 F. Supp. 1129 (E.D. Ark. 1994).
“The Marshal shall give notice of the sale as required by 28 U.S.C. § 2002 , and shall forthwith report the result of the sale to the Court.”
United States v. John v. O'COnnell & Jopat Realty Corp., 496 F.2d 1329 (2d Cir. 1974).
“Appellees argue that there cannot be an implied easement here because the notice of public sale of Parcel A did not mention any implied easements in other land as they argue is required by 28 U.S.C. § 2002 . We think that this failure to mention any easement at the foreclosure…”
Mesa Petroleum Co. v. Coniglio, 16 B.R. 1015 (M.D. Fla. 1982).
“Notice of the sale shall be made pursuant to 28 U.S.C. § 2002 . Such notice shall be published once a week for four consecutive weeks prior to sale in the Florida Times-Union and the Sumter County Times.”
United States v. Lord, 155 F. Supp. 105 (D.N.H. 1957).
“In order that all liens and claims be paid conformably with the within findings, the receiver is directed to forthwith sell all the right, title and interest in the real and personal property of the named defendants at public auction on the premises after due notice as required…”
Donaghy v. Roudebush, 614 F. Supp. 585 (D.N.J. 1985).
“§§ 702 and 703, as well as 28 U.S.C. §§ 2002 , 2409a(a) and (c), and 1346(c) and (f).”
Fed. Deposit Ins. Corp. v. Robuck Co., Inc., 479 F. Supp. 323 (D.S.C. 1979).
“That the United States Marshal or his duly authorized Deputy, after having advertised for sale the mortgaged property once a week for four weeks prior to sale as required by 28 U.S.C. § 2002 , shall sell the mortgaged property hereinabove described at public auction before the…”
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