Section 09.35.140. Notice of sale on execution.

   (a) Before the sale of property on execution, notice of the sale shall be given as follows:
        (1) notice of the sale of personal property is given by posting a written or printed notice of the time and place of sale in three public places within five miles of the place where the sale is to be held, not less than 10 days before the day of sale;
        (2) notice of the sale of real property is given by posting a similar notice particularly describing the property, including the property's street address if there is a street address for the property, not less than 30 days before the day of sale in three public places, as provided in (1) of this subsection, and publishing a copy of the notice four times, once a week for four successive weeks in a newspaper of general circulation published nearest to the place of sale; an inaccuracy in the street address may not be used to set aside a sale if the legal description is correct.
   (b) In addition to the notice required by (a) of this section, notice of the sale of real property on execution shall be given by publishing a notice of the sale on an Internet website beginning at least 45 days before the date of the sale. Publication of the notice must begin not later than the first day that the notice is published under (a)(2) of this section and must continue at least through the day in the fourth week that the notice is published under (a)(2) of this section.
   (c) To qualify as an Internet website on which notices of sale may be published under (b) of this section, an Internet website must,
        (1) if operated by a newspaper of general circulation, be completely free to the public for viewing and not require a subscription; or
        (2) if operated by a person who is not covered by (1) of this subsection,
             (A) be available to any person;
             (B) be completely free to the public for viewing and not require a subscription;
             (C) be used primarily to advertise real property under foreclosure;
             (D) have been in continuous operation for more than one year;
             (E) have a viewership of at least 5,000 different visitors each month that is verified by an independent audit; and
             (F) have an office in the state and the office has staff that includes a senior management person.
   (d) In this section, "newspaper of general circulation" means a publication that
        (1) is published in newspaper format;
        (2) is distributed at least once a week for at least 50 weeks each year within the judicial district where the place of sale is located, excluding a period when publication is interrupted by a labor dispute or by a natural disaster or other casualty that the publisher cannot control;
        (3) holds a second class mailing permit from the United States Postal Service;
        (4) is not published primarily to distribute advertising; and
        (5) is not intended primarily for a particular professional or occupational group.

Authorities

9.35.142; 9.35.160;34.03.260;34.45.200

Notes

Recent Bills that will modify this

HB 279 NOTICES: NEWSPAPERS OF GENL CIRCULATION

References

AS 9.35.142 .142">Sec. 09.35.142. Action to establish newspaper or Internet website status.
AS 9.35.160 .160">Sec. 09.35.160. Postponement of sale.
AS 34.03.260 Disposition of abandoned property.
AS 34.45.200 Stock and other intangible interests in business associations.

History

(Sec. 15.14 ch 101 SLA 1962; am Sec. 1 ch 44 SLA 1977; am Sec. 1 ch 58 SLA 1993; am Sec. 1, 2 ch 62 SLA 2010)