Sale of land references: what has family law got to do with it
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One of the more common matters heard by a district registrar is a reference made pursuant to s. 94 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78 (the “Act”), which provides: (1) If an order is made on an application under section 92, there must be included in the order a reference to a district registrar of the Supreme Court (a) to find what Lind is liable to be sold under the judgment, (b) to find what is the interest of the judgment debtor in the land and of his or her title to it, (c) to find what judgments form a lien and charge against the land and the priorities between the judgments, (d) to determine how the proceeds of the sale are to be distributed, and (e) to report all the findings to the court. (2) The district registrar must deal with all judgments registered against the land whether registered before or after the judgment on which the proceedings are taken. (3) Unless good reason is found to the contrary, the creditor first taking proceedings is entitled to his or her costs in priority to all claims under the judgment whether before or after his or her own. (4) The district registrar must serve all persons affected by his or her inquiries. (5) The report, when made, requires confirmation by’ the Supreme Court, and all persons affected by it must have notice of the application for confirmation, and on application the court may confirm all or part of the report, and may alter it or may refer it back to the district registrar. This reference is encountered when a creditor is seeking to collect on a civil judgment. Source : accessmylibrary.com |