(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 3-643 (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 3-644.Sale of property under levy
District Court · Last amended October 1, 2021 · Last verified July 13, 2026
In one sentenceRule 3-644 tells the sheriff how to sell property already taken under a levy, from posting notice through handing the buyer a deed or bill of sale and turning over the proceeds.
Full Text of Rule 3-644
(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; May 8, 2007, effective July 1, 2007; 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 the sheriff has levied on a debtor's property, Rule 3-644 controls what happens next. The sheriff can sell the property without going back to court, but not right away: the sale must wait at least 30 days after the levy, and it must wait for the debtor to resolve any election made under Rule 3-643(d). The sheriff sells only as much of the debtor's interest as the judgment and enforcement costs require, and that interest is measured as of the moment the judgment became a lien — every legal and equitable stake the debtor held at that point, not just what the debtor still owns at sale time.
Before the auction, the sheriff has to post notice at the courthouse and publish it in a local newspaper — at least ten days out for personal property, 20 days out for real property. Perishable goods are the exception; the sheriff can sell those with shorter notice, or none, to keep them from spoiling or losing value. The sale itself is public and goes to the highest cash offer, though the sheriff can turn down bids that are unconscionably low and try again later. If both real and personal property were levied under the same judgment, the debtor can ask in writing — before the first sale notice runs — for a particular sale order; without that request, the sheriff decides.
Real property sales still have to be ratified by the court, and the creditor must first file a copy of the property's public assessment record. Once ratified, the sheriff delivers a deed (the debtor never has to sign one) and, if the debtor's interest included a right to possession, puts the buyer in possession. Personal property sales work the same way with a bill of sale instead of a deed. After paying the sheriff's own expenses and fees out of the proceeds, the sheriff pays the creditor what the judgment and advanced costs come to, then turns over anything left to the debtor, and files a report describing the property sold, the buyer, and how the money was split.
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 until any election the debtor made under Rule 3-643(d) has been resolved. Perishable property is the one exception — the sheriff can sell it faster, with reduced or no notice, to avoid spoilage.
What happens when the sheriff has levied on both real and personal property?
The debtor can request, in writing, that the sheriff sell the property in a particular order — but that request has to arrive before the first sale notice is published. If the debtor doesn't make a timely request, the sheriff chooses the order.
Does the debtor have to sign the deed when real property is sold?
No. After the court ratifies the sale, the sheriff executes and delivers the deed. The rule specifically says the debtor doesn't have to sign it.
What happens to the money from the sale?
The sheriff first pays out unpaid expenses and fees tied to the enforcement proceedings, then pays the creditor the amount owed under the judgment plus the costs the creditor advanced, and sends whatever is left to the debtor.
Can the sheriff reject a bid at the sale?
Yes. The property has to go to the highest cash offer, but the sheriff can reject all offers if they're unconscionably low and hold the sale again later.
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 maryland district courtsale under levy notice requirementswrit of execution property salelevy and sale of judgment debtor property