§ 2002. — Notice of sale of realty.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2002]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 127--EXECUTIONS AND JUDICIAL SALES
Sec. 2002. Notice of sale of realty
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. 646, 62 Stat. 959; May 24, 1949, ch. 139, Sec. 100,
63 Stat. 104.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 849 (Mar. 3, 1893, ch.
225, Sec. 3, 27 Stat. 751; Apr. 24, 1935, ch. 77, Sec. 3, 49 Stat. 160;
June 19, 1935, ch. 276, 49 Stat. 390).
A provision making the section applicable to pending proceedings was
deleted as obsolete.
Word ``under'' was substituted for ``ordered pursuant to section 847
of this title by'' after ``A public sale of realty or interest
therein''.
Sections 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 Yazoo & M. V. R. Co. v. City of Clarksdale, 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 section
849 of title 28, 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, 49 Stat. 159,
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.
1949 Act
This section corrects a typographical error in section 2002 of title
28, U.S.C.
Amendments
1949--Act May 24, 1949, substituted ``11'' for ``II'' after
``Title'' in third par.
Section Referred to in Other Sections
This section is referred to in sections 3201, 3202 of this title.
