Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.23

Payee's responsibilities
(1)
Before an enforcement officer sells real property under an Enforcement Warrant, the payee must:

(a)
send to the payer, at the payer's last known address, written notice that:

(i)
the Warrant has been registered on the land titles register against the real property; and
(ii)
the enforcement officer intends to sell the real property to satisfy the obligation if:

(A) the total amount owing is not paid; or
(B) arrangements considered satisfactory to the payee have not been made by a date specified in the notice; and

(b)
provide the enforcement officer with evidence of the following:

(i)
proof of compliance with paragraph (a);
(ii)
that the Warrant has been registered on the land titles register;
(iii)
details of the real property proposed to be sold including the address and description of the land title of the property;
(iv)
details of all encumbrances registered against the real property on the date of registration of the Enforcement Warrant;
(v)
the costs incurred to register the Enforcement Warrant;
(vi)
the current value of the real property, as stated in a real estate agent's market appraisal.
(2)
The costs mentioned in subparagraph (1) (b) (v) may:

(a)
be added to, and form part of, the costs of the Enforcement Warrant; and

(b)
be recovered under the Warrant.



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