Section 1613. Order of confirmation; contents and subsequent procedures  


Latest version.
  • 1.
      When the agreement reported to the court pursuant to the  provisions  of
      section  1612  appears to the court to conform in all particulars to the
      final  order  authorizing  the  transaction,  an  order  shall  be  made
      approving  and  confirming  the  agreement  and directing the trustee or
      referee to execute and to deliver the mortgage, lease or  deed  of  such
      real  property which is required thereby. No order of confirmation shall
      be withheld on the ground that the market value of  such  real  property
      has  changed  between the execution of such agreement and the hearing of
      the application for confirmation thereof.
        2. The order of confirmation, in the discretion of  the  court,  shall
      direct  the  payment  to  each  participant  in  the  proceeding  of the
      reasonable disbursements made or incurred by him in the  course  of  the
      proceeding,  and  shall make such reasonable allowances, as to the court
      seem proper, to persons who have served in the  proceeding  as  referee,
      guardian  ad  litem, or counsel; and shall direct the mode of payment of
      all these allowances.
        3. The order of confirmation shall also  include  such  provisions  as
      justice  may  require  for the application, safeguarding, management and
      distribution of the fund to be derived  from  the  ordered  transaction.
      The  statutory  provisions applicable to the safeguarding, management or
      distribution of the fund produced by a sale in an action  for  partition
      shall  apply  to  the  proceeds  derived  from a sale authorized by this
      section, so far as this is practical.