Section 2.30 Generally

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

1. (§2.30) Generally

The principle that prior liens are not affected by the execution sale of property, discussed in §2.18 above, applies to real property as well as personal property. The purchaser takes the property subject to those liens and acquires only the rights of the judgment debtor at the time of the levy. When the sale is made under a junior lien, title passes subject to the prior lien or perfected interests in the property. The purchaser at the execution sale is deemed a purchaser from the...