From what event does the period for setting the sale-decision hearing run, and where must that procedure be conducted?
General information · Not legal advice
Material to check
In a practice file we read the record or minute of the sale hearing showing the date it was held, the court's notice or order fixing the sale-decision hearing, and any paper showing where that hearing was conducted.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both conditions together: the court must set the sale-decision hearing within the period the provision sets counted from the sale hearing, and the sale-decision procedure must be conducted inside the court building, so the file must show a sale hearing date, a sale-decision date falling within that period, and a location within the court.
Another reading notes that the provision fixes only when the sale-decision hearing is to be set and where the procedure is conducted, and says nothing about what follows if the period the provision sets is exceeded or the procedure is held elsewhere, leaving the effect of a departure from these conditions to other law and to the court's record.
Your judgment
If the sale-decision hearing was set after the period the provision sets, what in the file would show whether the sale decision still stands?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period or the place of the sale-decision procedure, or if a court decision states the effect of setting the hearing outside that period.