(1) The former sheriff shall return all process, whether before or after judgment, which the former sheriff has fully executed, and the new sheriff and the successor in office shall complete the execution of all final process which the predecessor commenced and did not complete.
(2) In all cases where real property is sold under execution by any sheriff, and the sheriff fails or neglects during the term of office of the sheriff, by virtue of the expiration thereof, or otherwise, to make or execute a proper sheriff’s deed conveying the property to the purchaser, or if through mistake in its execution, or otherwise, any sheriff’s deed is inoperative, or if by reason of the loss of an unrecorded sheriff’s deed, the purchaser, the heirs or assigns or successors in interest of the purchaser desire the execution of another sheriff’s deed, the sheriff in office at any time after the purchaser is entitled to a deed shall execute such conveyance. When executed to cure or replace a defective or lost deed such conveyance shall be to the grantee in the defective or lost deed, but shall relate back and be deemed to take effect as of the date of the execution of the defective or lost deed so as to inure to the benefit of the heirs and assigns, or other successors in interest, of the grantee named therein. Such conveyance so executed by the sheriff in office shall have the same force and effect as if executed by the sheriff who made the sale. [Amended by 2003 c.576 §395]Section: Previous 206.040 206.050 206.060 206.070 206.080 206.090 206.100 206.110 206.120 206.130 206.140 206.150 206.160 206.170 206.180 Next
Last modified: August 7, 2008