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Session Laws, 1974
Volume 713, Page 457   View pdf image
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MARVIN MANDEL, Governor                                   457

IN DEEDS VOLUNTARILY EXECUTED, DELIVERED, AND RECORDED.

(B)   SALE OF REVERSION WHEN RENT IS IN ARREARS.

IF THERE IS A DECREE FOR THE SALE OF ANY REVERSION
IN LANDS TO WHICH RENT IS INCIDENT, THE COURT MAY ORDER
ANY RENT IN ARREARS TO BE SOLD WITH THE ESTATE AND THE
PURCHASER MAY RECOVER THE RENT BY DISTRESS, ENTRY, OR
ACTION, AS IF HE WAS OWNER OF THE ESTATE WHEN THE RENT
ACCRUED.

(C)   BOND WHEN SALE IS ON CREDIT.

IF A SALE IS MADE ON CREDIT, THE COURT, ON
APPLICATION OF THE MORTGAGEE OR CREDITOR, MAY DIRECT ANY
BOND TAKEN IN CONSEQUENCE OF THE SALE TO BE ASSIGNED TO
THE MORTGAGEE OR CREDITOR AND THE ASSIGNEE MAY SUE ON THE
BOND IN HIS OWN NAME.

(D)   SALE OF EQUITABLE TITLE.

THE COURT MAY DECREE A SALE OF AN EQUITABLE TITLE IN
ANY CASE WHERE A DECREE FOR THE SALE OF THE LEGAL TITLE
COULD BE PASSED. THE PURCHASER OF THE EQUITABLE TITLE
HAS THE SAME REMEDY FOR OBTAINING THE LEGAL TITLE AS THE
PERSON WHOSE EQUITABLE INTEREST HE PURCHASED WOULD HAVE
HAD IF NO SALE HAD BEEN MADE.

(E)   PAYMENT OF COSTS.

IF PROPERTY IS SOLD PURSUANT TO A JUDICIAL DECREE,
ALL COSTS OF THE PROCEEDINGS ACCRUING UP TO AND INCLUDING
THE FINAL RATIFICATION OF THE SALE SHALL BE PAID PRIOR TO
THE FINAL RATIFICATION OF THE FIRST AUDITOR'S ACCOUNT
AFTER THE SALE. THE COSTS SHALL INCLUDE THE FEES FOR
RECORDING ALL PAPERS WHICH ARE PROPER TO BE RECORDED BY
LAW. AFTER PAYMENT OF THE COSTS, THE CLERK OF THE COURT
SHALL RECORD ALL THE PROPER REQUIRED PAPERS.

REVISOR'S NOTE: This section presently appears as
Art. 21, §14-103 of the Code, The Commission
added new language in subsection (a) so that
this subsection does not conflict with the
relation—back principle in §7—105. The only
changes are in style.

14-104. DIVISION OF COST OF STAMPS; MORTGAGES AND DEEDS
OF TRUST EXCEPTED.

IN EVERT WRITTEN OR ORAL AGREEMENT FOR THE SALE OR
OTHER DISPOSITION OF PROPERTY, IT IS PRESUMED IN THE
ABSENCE OF A CONTRARY PROVISION IN THE AGREEMENT OR THE
LAW, THAT THE PARTIES TO THE AGREEMENT INTENDED THAT THE
COST OF ANY FEDERAL OR STATE REVENUE STAMPS OR ANY STATE

 

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Session Laws, 1974
Volume 713, Page 457   View pdf image
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