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QUESTION: How should a sheriff dispose of property at an execution sale, once he determines that no one is going to bid on the property offered?

SUMMARY: Property upon which execution has been levied can be disposed of only in accordance with statute or pursuant to a lawful court order. While the property could be released to the judgment debtor upon substitution of property of equal value, pursuant to s. 56.12, F.S., such a disposition is unlikely where the property held has substantial value. The alternative is to seek a court order directing disposition. Although there is a paucity of…