Bill Text: MS HB328 | 2013 | Regular Session | Introduced

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Bill Title: Sales under execution; reduce time period during which those sales may be had.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [HB328 Detail]

Download: Mississippi-2013-HB328-Introduced.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representative Holloway

House Bill 328

AN ACT TO AMEND SECTIONS 11-5-99 AND 13-3-169, MISSISSIPPI CODE OF 1972, TO REDUCE THE TIME PERIOD DURING WHICH SALES OF REAL ESTATE BY COURT ORDER AND SALES UNDER EXECUTION MAY BE HELD; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 11-5-99, Mississippi Code of 1972, is amended as follows:

     11-5-99.  A sale of real estate shall not commence before the hour of * * * eleven o'clock11:00 a.m. on the day appointed, nor continue * * * longerlater than * * * four o'clock 2:00 p.m. of the same day * * * ; but.  However, if the time * * * beis insufficient to complete the sale, it may be continued from day to day until completed, by giving public notice to the company present at the conclusion of each day's sale; and such sale on the succeeding day shall commence and end as directed for the first day.

     SECTION 2.  Section 13-3-169, Mississippi Code of 1972, is amended as follows:

     13-3-169.  (1)  Except as otherwise provided in this section, sales under execution shall not commence sooner than 11:00 a.m., nor continue later than * * * 4:002:00 p.m. of the day on which the sale is held.  All such sales shall be by auction, to the highest bidder for cash, and only so much of the property levied on shall be sold as will satisfy the execution and costs.

     (2)  Sales under execution conducted by a special agent of the * * * State Tax CommissionDepartment of Revenue pursuant to a warrant, jeopardy warrant or alias warrant issued by the * * * Chairman of the State Tax CommissionCommissioner of Revenue, shall commence and be conducted at the times specified by the Chairman of the State Tax Commission or his duly authorized agent.  All such sales shall be by auction to the highest bidder for cash or for cash equivalent deemed acceptable by the * * * Chairman of the State Tax Commissioncommissioner.  Only so much of the property levied on shall be sold as will satisfy the execution and costs.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.

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