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.
June 25, 1948, ch. 64662 Stat. 959May 24, 1949, ch. 139, § 10063 Stat. 104(, ; , .)
Historical and Revision Notes
Act1948
Mar. 3, 1893, ch. 225, § 327 Stat. 751Apr. 24, 1935, ch. 77, § 349 Stat. 160June 19, 1935, ch. 27649 Stat. 390Based on title 28, U.S.C., 1940 ed., § 849 (, ; , ; , ).
A provision making the section applicable to pending proceedings was deleted as obsolete.
section 847 of this titleWord “under” was substituted for “ordered pursuant to by” after “A public sale of realty or interest therein”.
Yazoo & M. V. R. Co. v. City of Clarksdalesection 849 of title 2849 Stat. 159Sections 847 and 848, of title 28, U.S.C., 1940 ed., now sections 2001 and 2004 of this title, relate only to sales under orders or decrees, without any reference to sales under judgments. In 1921 the Supreme Court held, in , 1921, 42 S.Ct. 27, 257 U.S. 10, 66 L.Ed. 104, that such section 847 did not apply to sales under common law executions. At that time such , U.S.C., 1940 ed., read as it has been revised above, without any reference to such section 847. However, in 1935, such sections 847, 848 and 849 were amended by one act, ch. 77, , and, in such section 849, the words “pursuant to the provisions of this Act” were inserted, but the word “judgment,” though retained in such section 849, was not inserted in such sections 847 and 848. It is probable that Congress did not intend, in 1935 to make such sections 847 and 848 applicable to sales under judgments in law actions. Hence, to make all three sections consistent, the above-mentioned substitution was made.
Reference to circuit was deleted from first and second paragraphs as unnecessary and inappropriate. Publication in a newspaper in a large circuit remote from the county in which the realty is situate, might be wholly insufficient to give notice to interested parties.
Changes were made in phraseology.
Act1949
section 2002 of title 28This section corrects a typographical error in , U.S.C.
Editorial Notes
Amendments
1949—Act , substituted “11” for “II” after “Title” in third par.