Section 195: Payment of interest
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
195. Payment of interest
(1) Where there has been a sale by forcible ejectment or a sale of immovable property belonging to a bankrupt or insolvent, and the ordre has
S3 – 43 [Issue 1]
Sale of Immovable Property Act
not been finally closed within 6 months from the date of the judgment of
adjudication, the adjudicatee shall, notwithstanding anything to the contrary
in the memorandum of charges, at the end of those 6 months, and then
every 3 months until the final closing of the ordre, pay into the hands of the
Master all interest at such periods due by him in respect of the sale price.
(2) Where the adjudicatee is, at any time, 3 months in arrears of payment, an inscribed creditor may, on obtaining a certificate from the Master,
and after service of the certificate on the adjudicatee, together with a mise
en demeure to pay the interest in arrears, take proceedings under sections 148 to 156 for the resale of the property by folle-enchère.
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Questions this section answers
- How long after a forced sale must the buyer start paying interest if the distribution still isn't closed?
- How often must the buyer keep paying interest while the ordre remains open?
- What can a creditor do if the buyer falls 3 months behind on these interest payments?