Return of Sale of Property Law & Legal Definition

Return of sale of real and personal property refers to the Confirmation of sale of real or personal property conducted by an officer of the court or any other person.

For example in South Dakota the officer or person making an execution sale of real property shall within ten days after such sale file in the court a verified written return of such sale reciting generally his proceedings.

The relevant portion of the statute reads as follows:

S.D. Codified Laws § 15-19-20. Sale of real property: return of sale

The officer or person making an execution sale of real property shall within ten days after such sale file in the court a verified written return of such sale reciting generally his proceedings and which must contain among other things, the following:

(1) A description of the judgment, execution, order, and other authority for making the sale, which description may be made by reference sufficient to identify the same;

(2) Proof of publication of notice of sale and copy of the notice as published;

(3) A description of the property sold, the price bid and paid for each part thereof, and the name of the purchaser;

(4) A fully itemized statement and account of the items due and the costs, fees, and expenses of the sale, and the total amount realized and the surplus or deficiency, if any;

(5) If the order of sale was directed by the owner, debtor, or other person having authority so to do, a recital of such proceedings;

(6) A statement that the said sale was in all respects lawfully and honestly conducted and that the officer conducting the sale was not directly or indirectly interested therein in his private or individual right;

(7) A statement of any postponements of the sale and proof of publication or announcement of notice thereof.