(1) For real property that is the subject of an Enforcement Warrant, a payee
or enforcement officer may apply for an order:
- (a)
- that the real property be
transferred or assigned to a trustee;
- (b)
- that a party sign all documents necessary for the transfer or assignment;
- (c)
- in aid of or relating to the sale of the real property, including an
order:
- (i)
- about the possession or occupancy of the real property until its sale;
- (ii)
- specifying the kind of sale, whether by contract conditional on approval
of the court, private sale, tender or auction;
- (iii)
- setting a minimum price;
- (iv)
- requiring payment of the purchase price to a trustee;
- (v)
- settling the particulars and conditions of sale;
- (vi)
- for obtaining evidence of value; and
- (vii)
- specifying the remuneration to be allowed to an auctioneer, estate
agent, trustee or other person; or
- (d)
- about the disposition of the proceeds of the sale of the real property.
Note
An application under subrule (1) must be in a Form 2 (see rule 5.01).
- (2)
- The court may hear an application under subrule (1) in chambers, in the
absence of the parties, on the documents filed.