Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1613
Order of confirmation; contents and subsequent procedures
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 16
§ 1613. Order of confirmation; contents and subsequent procedures. 1.
When the agreement reported to the court pursuant to the provisions of
section 1612 appears to the court to conform in all particulars to the
final order authorizing the transaction, an order shall be made
approving and confirming the agreement and directing the trustee or
referee to execute and to deliver the mortgage, lease or deed of such
real property which is required thereby. No order of confirmation shall
be withheld on the ground that the market value of such real property
has changed between the execution of such agreement and the hearing of
the application for confirmation thereof.

2. The order of confirmation, in the discretion of the court, shall
direct the payment to each participant in the proceeding of the
reasonable disbursements made or incurred by him in the course of the
proceeding, and shall make such reasonable allowances, as to the court
seem proper, to persons who have served in the proceeding as referee,
guardian ad litem, or counsel; and shall direct the mode of payment of
all these allowances.

3. The order of confirmation shall also include such provisions as
justice may require for the application, safeguarding, management and
distribution of the fund to be derived from the ordered transaction.
The statutory provisions applicable to the safeguarding, management or
distribution of the fund produced by a sale in an action for partition
shall apply to the proceeds derived from a sale authorized by this
section, so far as this is practical.