Local Rule Local Civil Rule 83.5: Notice of Sale [formerly Local Civil Rule 83.7]

Local Civil Rule 83.5. Notice of Sale [formerly Local Civil Rule 83.7]

In any civil action, the notice of any proposed sale of property directed to be made by any order or judgment of the court, unless ordered otherwise by the court, need not set out the terms of sale specified in the order or judgment, and the notice will be sufficient if in substantially the following form:

UNITED STATES DISTRICT COURT ……. DISTRICT OF NEW YORK

[CAPTION], [Docket No. and Judge's Initials]

NOTICE OF SALE

In accordance with ........ (Order or Judgment) ......... of the United States District Court for the ........................... District of New York, filed in the Office of the Clerk on ........ (Date) ............. in the case titled ........................... (Name and Docket Number) ............................ the undersigned will sell at .................... (Place of Sale) .............................. on ............. (Date and Hour of Sale) .............. the property in the ......... (Order or Judgment) ............ described and therein directed to be sold, to which ...... (Order or Judgment) ........... reference is made for the terms of sale and for a description of the property that may be briefly described as follows:

Dated:

____________________________ [Signature and Official Title]

The notice need not describe the property by metes and bounds or otherwise in detail and will be sufficient if in general terms it identifies the property by specifying its nature and location. But it must state: the approximate acreage of any real estate outside the limits of any town or city; the street, lot, and block number of any real estate within any town or city; and a general statement of the character of any improvements upon to the property.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.