After the court cancels its decision permitting the sale, which parts of the forced-sale procedure does this provision send back to be done again?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the court's decision cancelling the permission to sell and the ground for cancellation it relies on, together with the papers on the appraised value and the fresh determination of the minimum sale price, to see which steps were taken again.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the words applying mutatis mutandis at face value: where the court has cancelled the decision permitting the sale in accordance with the provision on cancellation, the provisions governing the determination of the minimum sale price and the steps running from it apply, so the minimum sale price is decided afresh within that procedure.
Another reading stresses the scope of what is applied: only those provisions on the minimum sale price and the steps after it are applied mutatis mutandis, and the provision says nothing on its own about a further decision permitting the sale, so it leaves open whether that permission must be given again and whose hearing is required.
Your judgment
Once the minimum sale price has been fixed again, what in the file would show whether a further decision permitting the sale must still be obtained before the sale goes ahead?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to name further provisions to be applied or to say what follows the new determination, or if a court decision on this provision settles whether a further permission to sell is required.