§651-123 Application of proceeds of sale.
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/hi/chapter-651/651-123A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§651-123 Application of proceeds of sale. When the property thus taken is sold, which sale shall be subject to all prior liens and encumbrances, the proceeds of the sale thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption, if any; second, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; third, to the satisfaction of the lien under which the sale is made; fourth, to the discharge of any subsequent liens and encumbrances according to their priority; and fifth, the balance, if any, to the defendant.
The sale shall operate to extinguish subsequent liens and encumbrances without forcing prior lienors and encumbrancers to their right of recovery. [L 1976, c 136, pt of §2; am L 1978, c 46, §13]