(a) By sheriff. — Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule. No sale shall be made before 30 days after the levy or before disposition of an election made by the judgment debtor pursuant to Rule 2-643 (d). The sheriff may sell so much of the debtor’s interest in the property under levy as is necessary to obtain the amount of the judgment and costs of the enforcement proceedings. The debtor’s interest includes all legal and equitable interests of the debtor in the property at the time the judgment became a lien on the property.
Rule 2-644.Sale of property under levy
Circuit Court · Last amended October 1, 2021 · Last verified July 13, 2026
In one sentenceRule 2-644 governs how the sheriff advertises, runs, and reports on a sale of a debtor's levied property to satisfy a judgment.
Full Text of Rule 2-644
(b) Notice of sale. — The sheriff shall give notice of the time, place, and terms of the sale. The notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and published in a newspaper of general circulation in the county where the property is located at least (1) ten days before the sale of an interest in personal property or (2) 20 days before the sale of an interest in real property. When the property under levy is perishable, the sheriff may sell the property with less notice or with no notice, if necessary to prevent spoilage and loss of value.
(c) Conduct of sale. — The sale shall be public and shall be held at the time and place given in the notice. The sale shall be for the highest cash offer, but the sheriff may reject all offers if they are unconscionably low and offer the property for sale at a later time. When both personal property and real property have been levied upon under the same judgment, the sheriff upon written request of the debtor received prior to the first publication of notice of a first sale, shall sell the property in the order requested. Otherwise the order of sale shall be in the discretion of the sheriff.
(d) Transfer of real property following sale. — The procedure following the sale of an interest in real property shall be as prescribed by Rule 14-305, except that (1) the provision of Rule 14-305 (g) for referral to an auditor does not apply and (2) the court may not ratify the sale until the judgment creditor has filed a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with Code, Tax - Property Article, § 2-211. After ratification of the sale by the court, the sheriff shall execute and deliver to the purchaser a deed conveying the debtor’s interest in the property, and if the interests of the debtor included the right to possession, the sheriff shall place the purchaser in possession of the property. It shall not be necessary for the debtor to execute the deed.
(e) Transfer of personal property following sale. — Following the sale of personal property, the sheriff shall execute and deliver to the purchaser a bill of sale conveying the debtor’s interest in the property. If the interests of the debtor include the right to possession, the sheriff shall deliver the property to the purchaser.
(f) Distribution of proceeds. — The sheriff may withdraw from the proceeds of the sale all appropriate unpaid sheriff’s expenses and fees incident to the enforcement proceedings. Unless otherwise ordered by the court, the sheriff shall distribute the balance of the proceeds of the sale, first to the judgment creditor in satisfaction of the amount owed under the judgment plus costs of the enforcement proceedings advanced by the creditor, and then, to the judgment debtor.
(g) Report to the court. — The sheriff shall file a report stating the property sold, the purchasers, the amount of the proceeds, and the distribution of the proceeds.
Amendment History
Amended Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007; effective July 1, 2021; July 9, 2021, effective Oct. 1, 2021.
Committee Note & Source
Cross references. Code, Courts Article, §§ 11-510 and 11-511.
Source. This Rule is new.
Plain-English Summary
Once property has been levied on, the creditor can ask the sheriff to sell it — no further court order needed. The sheriff has to wait at least 30 days after the levy, and until any exemption election the debtor filed under Rule 2-643(d) has been resolved, before selling. The sale is capped at what's needed to cover the judgment and enforcement costs, and reaches only the debtor's own legal and equitable interest in the property as it stood when the judgment became a lien. Before the sale, the sheriff has to post notice at the courthouse and publish it in a local newspaper — at least ten days ahead for personal property, 20 days ahead for real property — though perishable property can be sold on shorter or no notice if that's what it takes to avoid spoilage.
The sale itself is public, goes to the highest cash bid, and the sheriff can reject bids that are unconscionably low and try again later. When both real and personal property have been levied under the same judgment, the debtor can request in writing, before the first sale notice is published, which order they should be sold in; otherwise the sheriff decides. After a real property sale, the court has to ratify it, and the creditor must first file a copy of the property's public assessment record; the sheriff then executes and delivers a deed, without any signature needed from the debtor, and puts the purchaser in possession if the debtor's interest included a right to possess it. A personal property sale works the same way with a bill of sale instead of a deed. From the proceeds, the sheriff first covers the enforcement expenses and fees, then pays the creditor what's owed on the judgment plus advanced costs, and sends anything left over to the debtor. Finally, the sheriff files a report with the court listing what was sold, who bought it, and how the proceeds were distributed.
Frequently Asked Questions
How soon after a levy can the sheriff sell the property?
Not before 30 days have passed since the levy, and not before any exemption election the debtor filed under Rule 2-643(d) has been resolved.
How is notice of the sale given to the public?
By posting at the courthouse and publishing in a newspaper of general circulation — at least ten days before a personal property sale and 20 days before a real property sale, with a shorter or no-notice exception for perishable property.
Can the sheriff turn down a bid at the sale?
Yes. The sheriff can reject all offers as unconscionably low and offer the property for sale again later.
If both real and personal property are under levy, which sells first?
The debtor can request a particular order in writing before the first sale notice is published; without that request, the sheriff decides the order.
How are the proceeds of the sale divided up?
The sheriff first deducts enforcement expenses and fees, then pays the creditor the amount owed on the judgment plus advanced costs, and sends any remaining balance to the debtor.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: sheriff sale of levied propertyexecution sale notice requirements marylandsale of real property under judgmentdistribution of proceeds after sheriff saleauction sale of judgment debtor property