Section 1353. Conveyance  


Latest version.
  • 1. After the property has been sold, the officer
      conducting  the  sale  shall  execute  a  deed  to  the  purchaser.  The
      plaintiff, or any other party, may become a purchaser.
        2.  Before  a  deed  is executed to the purchaser, the plaintiff shall
      file the mortgage and any assignment not shown  to  have  been  lost  or
      destroyed  in  the office of the clerk, unless it is in a form which can
      be recorded; in which case it shall be recorded in  the  counties  where
      the  lands  are  situated;  the expense of filing or recording and entry
      shall be allowed in the taxation of costs; and, if filed with the clerk,
      he shall enter in the minutes the time of filing.
        3. The conveyance vests in the purchaser the  same  estate  only  that
      would  have vested in the mortgagee if the equity of redemption had been
      foreclosed. Such a conveyance is as valid as if it were executed by  the
      mortgagor  and  mortgagee,  and,  except as provided in section 1315 and
      subdivision 2 of section 1341, is an entire bar against each of them and
      against each party to the action who was duly summoned and every  person
      claiming  from,  through  or  under  a party by title accruing after the
      filing of the notice of the pendency of the action.