This case has been cited 2 times or more.
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2015-08-05 |
LEONEN, J. |
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| In cases involving caveat emptor, this court reminds purchasers that their rights are always limited by the rights of the seller as stated in the certificates of title.[83] The limitations to ownership over the property, such as additional liens and mortgages, should be ascertained by the purchaser. | |||||
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2009-09-04 |
BRION, J. |
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| Nothing is more settled than that a judgment creditor (or more accurately, the purchaser at an auction sale) only acquires at an execution sale the identical interest possessed by the judgment debtor in the auctioned property; in other words, the purchaser takes the property subject to all existing equities applicable to the property in the hands of the debtor.[9] The fact, too, that the judgment debtor is in possession of the land to be sold at public auction, and that the purchaser did not know that a third-party had acquired ownership thereof, does not protect the purchaser, because he is not considered a third-party, and the rule of caveat emptor applies to him.[10] Thus, if it turns out that the judgment debtor has no interest in the property, the purchaser at an auction sale also acquires no interest therein.[11] | |||||