Empire of America Realty Credit Corp. v. Mancine

OPINION

DAVIS, P.J.Ch.

American General Finance, Inc. (American), the movant and defendant-second mortgagee, requests this court to vacate the sheriffs sale and thereby prevent the delivery of a sheriffs deed to the successful bidder because the sale was held at a time not permitted by statute. This motion raises a question not previously addressed in any reported decision of any court. That question is whether the sheriff of any county has the authority to conduct a sale prior to 12:00 noon, which time has been legislatively set as the earliest time that sheriff sales are to be conducted. It…