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This entry was published on 2014-09-22
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SECTION 763
Redemption by creditor of lessee
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 763. Redemption by creditor of lessee. In a case specified in
section 761, a judgment creditor of the lessee whose judgment was
docketed in the county before the precept was issued, or a mortgagee of
the lease whose mortgage was duly recorded in the county before the
precept was issued, unless by the terms of the lease the lessee shall
have waived his right to redeem, or such lessee, or his executor,
administrator or assignee shall have subsequently waived the right to
redeem by a written instrument filed and recorded in the office in which
the lease is recorded, or if not so recorded, in the office in which
deeds are required to be recorded of the county in which the leased
premises are located, before such judgment was docketed or such mortgage
recorded, or such judgment creditor or mortgagee himself shall have
waived in writing his right to redeem, may at any time before the
expiration of one year after the execution of the warrant, unless a
redemption has been made as prescribed in section 761, file with the
court which issued the warrant a notice specifying his interest and the
sum due to him, describing the premises, and stating that it is his
intention to redeem as prescribed in this section. If a redemption is
not made by the lessee, his executor, administrator or assignee within a
year after the execution of the warrant, the person so filing a notice,
or, if two or more persons have filed such notices the one who holds the
first lien, at any time before two o'clock of the day, not a Sunday or a
public holiday, next succeeding the last day of the year, may redeem for
his own benefit in like manner as the lessee, his executor,
administrator or assignee might have so redeemed. Where two or more
judgment creditors or mortgagees have filed such notices, the holder of
the second lien may so redeem at any time before two o'clock of the day,
not a Sunday or a public holiday, next succeeding that in which the
holder of the first lien might have redeemed; and the holder of the
third and each subsequent lien may redeem in like manner at any time
before two o'clock of the day, not a Sunday or a public holiday, next
succeeding that in which his predecessor might have redeemed. But a
second or subsequent redemption is not valid unless the person redeeming
pays or tenders to each of his predecessors who has redeemed the sum
paid by him to redeem and also the sum due upon his judgment or
mortgage; or deposits those sums with the court for the benefit of his
predecessor or predecessors.