Burden of proof shifts to trustee when sale deadline is extended without court authorization, upon beneficiary challenge. Where a trustee charged with selling within a specified period extends that time, the burden of proof lies on the trustee to show the beneficiary has not been prejudiced by the extension, unless the extension has been authorized by a principal Civil Court of Original jurisdiction.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Burden of proof shifts to trustee when sale deadline is extended without court authorization, upon beneficiary challenge.
Where a trustee charged with selling within a specified period extends that time, the burden of proof lies on the trustee to show the beneficiary has not been prejudiced by the extension, unless the extension has been authorized by a principal Civil Court of Original jurisdiction.
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