105 Conveyance Of Land Sold

• 105 (1) On a sale of land under this Part, the sheriff must execute to the purchaser a conveyance, under the sheriff’s signature and seal, of the land sold, in Form C of Schedule 3, or to similar effect, and must in the conveyance fully, distinctly and sufficiently describe the land and interest in it that has been sold.
• (2) The conveyance referred to in subsection (1), when delivered to the purchaser, and registered in the land title office for the land title district in which the land is located, vests in the purchaser, according to the nature of the property sold, all the legal and equitable estate and interest of the execution debtor in it at the time of the registration against the land of the first judgment, as well as at the time of the sale, or at any intermediate time, discharged from the first judgment and from all judgments and other charges against the execution debtor and his or her land, subsequent to the first judgment.
• (3) Despite subsection (1) and (2), if the execution debtor’s interest in the land sold under this Part is that of a mortgagee or a vendor under an agreement to sell the land, the conveyance executed by the sheriff under subsection (1) vests in the purchaser no right to payment of any money paid by or on behalf of the mortgagor or the purchaser under the agreement to sell the land, as the case may be, prior to receipt of notice of the judgment by the mortgagor or the purchaser, or his or her personal representative.
• (4) Notice of a judgment is sufficient for subsection (3) if it sets out

• (a) the style of proceeding of the proceeding in which the judgment was obtained,
• (b) the amount of the judgment,
• (c) the date of pronouncement of the judgment,
• (d) the date of entry, if any, of the judgment,
• (e) the name of the judgment creditor, and
• (f) the date of the notice.

1979-75-98;2010-6-40, effective July 1, 2010