Real Estate; Levy, Sale, and Redemption

V.S.A. tit. 12, ch. 111, subch. 3

in effect

12 V.S.A. § 2781 Real estate which may be taken

2781. Real estate which may be taken Houses, lands, and tenements belonging to a person in his or her own right in fee, or for his or her own life, or the life of another, paying no rents for the same, or for years, or an unlimited time, paying rents for the same, and rights in equity of redeeming lands mortgaged, or in reversion or remainder, as well as his or her personal estate, shall stand charged with the debts and demands owing by such person, and may be taken in execution for the same at the election of the creditor, unless the debtor, his or her agent or attorney, exposes and tenders personal estate sufficient to satisfy the execution and the charges.

12 V.S.A. § 2782 Real estate defined

2782. Real estate defined The words “real estate” as used in this chapter shall mean such lands, tenements, rights, and estates as are made liable to execution by section 2781 of this title.

12 V.S.A. § 2783 Officer may lodge copy in clerk’s office

2783. Officer may lodge copy in clerk’s office When the officer holding an execution for collection is directed by the creditor, his or her agent or attorney, to levy the same on the real estate of the debtor, he or she may lodge in the office where by law a deed of such real estate is required to be recorded, a certified copy of the execution, with a certificate thereon, under his or her hand, stating that he or she is directed to levy the same on such real estate, designating the same as it would be described in case of the attachment of real estate.

12 V.S.A. § 2784 Estate held five months

2784. Estate held five months The real estate thus designated shall be held to satisfy such execution for the term of five months from the time of lodging the copy thereof, as provided in section 2783 of this title. When encumbered by previous attachments, the lien thus created shall remain, after the removal of such encumbrance, as if the estate had been attached on mesne process by the creditor in such execution.

12 V.S.A. § 2785 Estate in joint tenancy

2785. Estate in joint tenancy When the real estate of a debtor is held in joint tenancy, coparcenary, or tenancy in common, with the real estate of other persons, the officer may levy the execution on such debtor’s undivided interest in such real estate, and sell the same as other real estate may be sold.

12 V.S.A. § 2786 Sale of real estate on execution; public auction

2786. Sale of real estate on execution; public auction When an execution is levied upon real estate, the same or an undivided fractional part thereof sufficient to satisfy the execution with costs shall be sold at public auction by the officer to the highest bidder, in satisfaction of the execution, either upon such real estate or at some public place in the town where it is situated or, if situated in an unorganized town or gore, in an adjoining town.

12 V.S.A. § 2787 Notice, advertisement, and sale

2787. Notice, advertisement, and sale The officer levying the execution shall give the debtor at least 60 days’ notice of the time and place of sale in writing, served upon him or her, within or outside the State, either (1) by delivery in hand personally or (2) by registered or certified mail, return receipt requested, with instructions to deliver to addressee only. The officer shall also cause an advertisement of the time and place of sale to be published three weeks successively next before the time of sale, in one or more newspapers published in the county where the land lies or, if a newspaper is not published therein, in some newspaper published in an adjoining county. Unless the execution with costs and charges thereon, including expense of advertising, is paid, the officer shall proceed with the sale. Amended 1971, No. 185 (Adj. Sess.), § 76, eff. March 29, 1972.

12 V.S.A. § 2788 Notice to subsequent attaching or levying creditor

2788. Notice to subsequent attaching or levying creditor When the real estate levied upon is subject to a subsequent attachment or levy, the officer shall give notice of such sale to the subsequent attaching or levying creditor in the same manner as provided for notice to the execution debtor in section 2787 of this title.

12 V.S.A. § 2789 Adjournment; manner of sale

2789. Adjournment; manner of sale For good cause, the officer may postpone such sale for a time not exceeding seven days, and so from time to time until it is completed, giving notice of such adjournment by public proclamation at the time and place appointed for the sale. Such real estate, or an undivided fractional part thereof sufficient to satisfy the execution with costs, shall be sold, and if, in the opinion of the officer, it is divisible, shall be sold in separate tracts and parcels.

12 V.S.A. § 2790 Officer’s deed to purchaser; effect

2790. Officer’s deed to purchaser; effect The officer selling such real estate, if the same is not redeemed, shall make, execute, and acknowledge a sufficient deed thereof to the purchaser, and deliver the same to him or her as hereinafter provided. When the deed is recorded in the office where by law a deed of real estate is required to be recorded, it shall give the purchaser all the debtor’s right, title, and interest to the real estate sold.

12 V.S.A. § 2791 Return of execution

2791. Return of execution The officer commencing proceedings for sale on execution of real estate or the right to collect and receive rents, issues, and profits thereof, may make such sale, although the return day of the execution has passed, and shall return the execution within five business days after the sale. A failure to make such return shall not affect the purchaser’s title to the property. Amended 2017, No. 11, § 16.

12 V.S.A. § 2792 Form of deed; costs

2792. Form of deed; costs The deed executed by the officer of lands sold on execution, shall be taxed as a part of the costs on the execution at one dollar, and shall be substantially in the following form: KNOW ALL MEN BY THESE PRESENTS, That, whereas, an execution against ................. of ......................... in the county of ............... at the suit of ................. of ......................... in the county of .................... was by me, ......................... sheriff of the county of ......................... , on the .......... day of ............... 19 .... , levied on (here describe the premises); and whereas, on the ........ day of .............. 19 .... , all the estate, right, title, interest and property of said .................... in the premises aforesaid were by me, the said .................... sold at public auction for the satisfaction of such execution, to ......................... of .............................. in the county of ............... , who was the highest bidder, for the sum of ............... dollars, which the said ......................... has since fully paid to me; Now, by force and virtue of the law in such cases made and provided, I, the said .............................. , in consideration of the sum of money paid unto me as aforesaid, do, by these presents, bargain, sell and assign, and set over unto the said .................... heirs and assigns forever, all the estate, right, title, interest, property and inheritance of the said .............................. in and to such premises and appurtenances at the time of the levy thereon (or of the attachment, as the case may be). To have and to hold such premises and appurtenances to the said .................... , heirs and assigns forever. In witness, etc.

12 V.S.A. § 2793 Form where attached on original writ

2793. Form where attached on original writ When such real estate was attached on the original writ, the officer shall insert in the deed of sale the time of such attachment and vary the deed accordingly.

12 V.S.A. § 2794 Execution upon real estate; homestead a part

2794. Execution upon real estate; homestead a part When an execution is levied upon real estate of which the debtor’s homestead is a part or upon that part of a homestead in excess of $125,000.00 in value, the location and boundaries of the homestead shall be ascertained before the sale and set out in the manner provided for the levy of execution upon real estate whereof a homestead forms a part. Amended 1967, No. 287 (Adj. Sess.), § 6, eff. July 1, 1968; 1995, No. 186 (Adj. Sess.), § 24f, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 4, eff. June 17, 2014.

12 V.S.A. § 2795 When encumbered by mortgage

2795. When encumbered by mortgage When a right of redemption in mortgaged lands is taken and sold on execution, the officer shall ascertain and state at the time of sale the value of the encumbrance, or the amount of the mortgage debt, when it can be ascertained, and state the same in his or her return on the execution.

12 V.S.A. § 2796 Redemption—Bond; writ of possession; accounting by purchaser for rents and profits

2796. Redemption—Bond; writ of possession; accounting by purchaser for rents and profits When real estate is sold on execution, the debtor or person claiming under him or her may redeem the same at any time within six months from the date of such sale. He or she shall file a bond within 14 days after such sale with the clerk of the court or magistrate who issued such execution, to the purchaser, in a penal sum that the clerk or magistrate shall order, conditioned in case he or she does not redeem the property to pay the purchaser the fair rents and profits of such premises and commit no waste on the same, which bond shall be approved by the clerk or magistrate. When the debtor fails to file the bond as provided for in this section, the purchaser may have his or her writ of possession from the clerk or magistrate, and may enter and take possession and manage such real estate in a good husbandlike manner. If the defendant in such action shall redeem the same, the purchaser shall account for the fair value of the rents and profits thereof, until the same shall be redeemed. Amended 2017, No. 11, § 17.

12 V.S.A. § 2797 Rents, profits, and waste; appraisal; collection

2797. Rents, profits, and waste; appraisal; collection When the parties cannot agree as to the value of the rents and profits under section 2796 of this title, either party may apply to the clerk of the court or magistrate who issued the execution, if he or she is in office and not disqualified and if not in office or if disqualified, to any other justice or to a district judge in the county where the land lies, who could lawfully judge between the parties. On notice to the other party, he or she shall appoint three disinterested freeholders resident in the town in which the land or the greater part thereof lies, to act as appraisers, to appraise such rents and profits. They shall be sworn to the faithful performance of their duties and shall, on notice to the parties, appraise the rents and profits of the premises and also determine if any waste has been committed thereon, and return their appraisal, including damages for waste, if any has been committed, to the clerk or magistrate who appointed them; and, if he or she accepts the same, it shall be final between the parties. When the defendant has given the bond and remained in possession, the amount so found due shall be recoverable in an action founded on the bond. If the purchaser has gone into possession, the damages shall be deducted from the money to redeem the same. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967.

12 V.S.A. § 2798 Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession

2798. Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession When the purchaser has gone into possession and the debtor wishes to redeem the premises, he or she may tender to the purchaser the amount of the purchase money less the sum due for the rents and profits, with a bond in such sum as the clerk or magistrate shall adjudge reasonable, conditioned to pay what shall be found due the purchaser over the sum tendered and the rents and profits aforesaid, and may have immediate possession of the premises on the tender of the money and bond aforesaid. When the debtor gives his or her bond and remains in possession of the premises, the purchaser may have his or her writ of possession for such premises at the expiration of six months.

12 V.S.A. § 2799 Costs

2799. Costs When the debtor fails to redeem such premises, the expenses of such appraisal of such rents, profits, and damages shall be paid by the debtor. When the purchaser has gone into possession of the land and the debtor redeems, if the court finds the tender sufficient, the debtor shall recover his or her costs. In case the tender is not sufficient, the costs shall be in the discretion of the clerk or magistrate who appointed the appraisers. The costs of the appraisal shall be the same as costs before a justice, and the clerk or magistrate may issue execution for the same. In case the debtor remains in possession and gives the bond before mentioned, the costs may be collected on such bond. The fees of the commissioners shall be the same as the appraisers in other cases under the statute.

12 V.S.A. § 2800 Certificate of redemption

2800. Certificate of redemption When the debtor redeems the premises, the clerk or magistrate shall give him or her a certificate of such redemption, at his or her expense, which, if recorded on the margin of the record of such sale, shall be full evidence that such land has been redeemed.

12 V.S.A. § 2801 Levy on rents, issues, and profits—What may be taken

2801. Levy on rents, issues, and profits—What may be taken The rents, issues and profits of real estate leased for life or years or leased to a person, his or her heirs and assigns perpetually, or so long as the lessee, his or her heirs and assigns perform the services or render the rents reserved, may be taken on execution by a creditor of the person entitled to receive the same.

12 V.S.A. § 2802 Officer to lodge copy in clerk’s office; notice to tenant

2802. Officer to lodge copy in clerk’s office; notice to tenant The officer levying an execution on the rents, issues, and profits mentioned in section 2801 of this title shall lodge in the office where by law a deed of the real estate yielding or paying such rents, issues, and profits is required to be recorded, a certified copy of the execution, stating that he or she is directed to levy the same on the rents, issues, and profits of the real estate, and designating such real estate as in attachment. Within ten days thereafter, he or she shall serve a written notice of such levy upon the tenant in possession of the described real estate, by delivering the same to him or her personally or leaving it at his or her last and usual place of abode.

12 V.S.A. § 2803 Return of tenant

2803. Return of tenant Within 15 days from the time he or she receives such notice, the tenant in possession shall make a written return under oath to such officer, stating therein the time for which he or she claims the right to hold such real estate, the amount of the rents, issues, and profits he or she yields or pays or has agreed to yield or pay the use thereof, to whom, when, and in what manner the same are payable and the amount, if any, then due.

12 V.S.A. § 2804 Sale; notice; disposition of proceeds

2804. Sale; notice; disposition of proceeds After receiving such return, the officer may sell at public auction the debtor’s right, title, or interest to collect and receive such rents, issues, and profits, in whole or part satisfaction of such execution. Notice of the sale shall be given in the same time and manner and the sale made as sales of real estate on execution, except that the officer shall sell the right to collect and receive such rents, issues, and profits for the least time sufficient to satisfy such execution with costs. If the right to collect and receive the rents, issues, and profits for the full time they are payable does not sell for enough to satisfy the execution with costs, the officer shall return the same satisfied in part only.

12 V.S.A. § 2805 Conveyance; tenant shall attorn

2805. Conveyance; tenant shall attorn Within five days from such sale, if the purchase price thereof is not paid to the officer by the debtor or person claiming under him or her, such officer shall make, execute, acknowledge, and deliver to the purchaser a written instrument conveying the right to collect and receive the rents, issues, and profits of the designated real estate for the time sold, which shall operate as a full and complete conveyance and assignment to the purchaser, of the rents, issues, and profits due and to become due for the time for which the same were sold and as specified in such conveyance. The tenant in possession shall attorn to the purchaser, and yield and pay to him or her such rents, issues, and profits. On failure to do so, the purchaser may maintain, in his or her own name, any action against the tenant, either at law or in equity, that the judgment debtor might have maintained to collect the same, eject the tenant, or otherwise.

12 V.S.A. § 2806 Redemption by debtor

2806. Redemption by debtor At any time after such conveyance is executed to him or her, the debtor may pay the purchaser the purchase price with interest and all costs sustained by him or her, less the rents, issues, and profits he or she has received. Such purchaser’s right to collect and receive such rents, issues, and profits thereupon shall cease, and on request of the debtor and at his or her expense, the purchaser shall execute to him or her an instrument in writing, relinquishing, and surrendering all right to the subsequent rents, issues, and profits. When the time for which the right to collect and receive such rents, issues, and profits was sold, expires, or when the debtor pays the balance due as provided in this section, the purchaser, if in possession of the real estate, shall surrender the same to the person entitled thereto.

12 V.S.A. § 2807 Failure of tenant to make return; sale; writ of possession

2807. Failure of tenant to make return; sale; writ of possession When the tenant in possession does not, within 15 days from the time he or she receives the notice specified in section 2802 of this title, make sworn return to the officer as therein required, such officer may sell the real estate so in possession of the tenant, or sufficient to satisfy the execution, as the property of the debtor, discharged from any right, title, or interest of such tenant therein, and as real estate may be sold under this chapter. The officer to whom a writ of possession is issued after such sale, by virtue thereof, may remove the tenant from such real estate and put the purchaser in possession.

12 V.S.A. § 2808 Fraudulent conveyance of real estate—Application to Superior Court by levying creditors

2808. Fraudulent conveyance of real estate—Application to Superior Court by levying creditors When an execution has been levied upon real estate as provided in this chapter and any part of the same has been conveyed away or encumbered or is held in fraud of the levying creditor’s rights, he or she may maintain an action in the Superior Court for the satisfaction of his or her execution out of the real estate so conveyed or held, by a sale thereof, or otherwise, under the order of such court. Any number of creditors, though severally interested, may join in such action. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

12 V.S.A. § 2809 Proceedings to extend lien

2809. Proceedings to extend lien Within the five months during which real estate is held to satisfy an execution levied upon the same, the creditor shall cause a copy of his or her complaint, attested by the officer serving the same, to be recorded in the same office where the certified copy of the execution has been recorded. Such five months shall thereupon be extended until the end of such action, subject to the orders and decrees of the court therein.

12 V.S.A. § 2810 Record of decree

2810. Record of decree A copy of the final decree in the cause, certified by the clerk of the court, shall be recorded within 30 days from its rendition in the office where by law a deed of such real estate is required to be recorded.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/111Fetched: 10/21/2026