If the lien is a judgment the sale is usually conducted by the sheriff. The other liens usually are satisfied by a sale conducted by a referee who is appointed by and responsible to the court. Notice of the sale must be given strictly in accordance with law. Failure to comply with each requirement may result in a sale which may be set aside. The notice is given usually by advertising in the newspapers and in the rural districts by posting a copy of the notice of sale in several prominent places. The sheriff or referee may conduct the sale himself, but usually in the cities it is customary for him to engage an auctioneer. The following is an example of notice of sale following foreclosure of a mortgage upon property in New York City.
SUPREME COURT, COUNTY OF NEW YORK. John Jones, plaintiff, against William Smith et al., defendants.
In pursuance of a judgment of foreclosure and sale, duly made and entered in the above entitled action, and bearing date the 4th day of April, 1921, I the undersigned, the referee in said judgment named, will sell at public auction, at the Exchange Salesroom, No. 14-16 Vesey Street, in the Borough of Manhattan, City of New York, on the 28th day of April, 1921, at 12 o'clock noon on that day, by Henry Brady, auctioneer, the premises directed by said judgment to be sold, and therein described as follows:
All that lot of land in the Borough of Manhattan, City of New York, with the building thereon erected, bounded and described on the map above mentioned, as follows:
Beginning at a point on the southerly side of One Hundred and Fourteenth Street distant one hundred and seventy-five feet westerly from the southwesterly corner of One Hundred and Fourteenth Street and First Avenue; and running thence southerly, and parallel with First Avenue, one hundred feet ten inches; thence westerly, and parallel with One Hundred and Fourteenth Street, twenty-five feet; thence northerly, and parallel with First Avenue, one hundred feet ten inches to the southerly side of One Hundred and Fourteenth Street; and thence easterly, along the southerly side of One Hundred and Fourteenth Street, twenty-five feet to the point or place of beginning.
Dated New York, April 5, 1921.
FRANCIS G. KEOGH,
BROWN & WHITE, Attorneys for Plaintiff, Office and P. O. address, 32 Liberty Street,
Borough of Manhattan, City of New York.
In some places it required that the notice of sale contain a statement of the approximate amount of the lien to satisfy which the property is being sold.