§651-44 Sale; proceeds; return. The officer shall, on the day and at the place set for the public sale, unless paid the amount of the judgment, interest, and costs, and the officer's fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. The officer shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and the officer's costs, expenses, and commissions, and return the writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL 1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985]
Case Notes
Junior encumbrancer may question adequacy of price bid only if adequate bid would have left surplus after satisfying senior encumbrances. 51 H. 164, 454 P.2d 116 (1969).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
651-4 Bond; amount and conditions.
651-10 Indemnity for police officer.
651-11 Execution in order of receipt.
651-12 Examination of defendant; where no property known.
651-13 Attached property; sale of.
651-14 Appointment of receiver.
651-15 Officer's return; how made.
651-17 Discharge by bond of defendant.
651-18 Discharge of writ when improperly issued.
651-20 Judgment satisfied out of attached property.
651-32 Execution, district court; form.
651-33 Bond for expenses on execution.
651-34 Time within which execution shall be returnable.
651-35 When property in circuit insufficient.
651-36 Execution, courts of record; form.
651-39 Available in all circuits.
651-42 How levy made, inventory.
651-43 Advertisement for sale.
651-44 Sale; proceeds; return.
651-49 Only defendant's interest sold.
651-50 Liability for exceeding powers.
651-52 Indemnity, how collected.
651-61 Exemption, how claimed.
651-62 Indemnity bond if exemption claimed.
651-63 Liability for selling exempt property.
651-64 Seizure of exempt property.
651-68 Proceedings on execution; appraisers; expiration of lien, result.
651-69 Application form contents.
651-93 Effect of separation, divorce, reconciliation.
651-94 Proceedings where real property can be divided without material injury.
651-95 Sale where real property cannot be divided; application of proceeds.
651-96 After sale, money equal to real property exemption protected.
651-121 Certain personal property and insurance thereon, exempt.
651-122 Personal property not exempt.