§ 18-45-404 - Proceedings to sell property retained by lienholder.
               	 		
18-45-404.    Proceedings to sell property retained by lienholder.
    (a)    (1)  The sale shall not take place until the expiration of ninety (90) days from the time the work is completed.
      (2)    (A)  If  the debt is not paid at the end of that time, it shall be the duty of  the lienholder, not less than ten (10) days before making the sale, to  post up written notice of the proposed sale at or near the front door of  his or her place of business.
            (B)  This  written notice of the proposed sale shall specify the property to be  sold, the name of the debtor, and the time and place of sale. The shall  be at public auction for cash to the highest and best bidder.
(b)  The  lienholder shall have the right to bid not less than the amount of his  or her debt. In case the property sells for more than the amount of the  debt, the lienholder shall pay over any surplus on demand to the person  entitled thereto, after deducting the amount of his or her debt and the  actual cost of the sale.
(c)  It  shall be the duty of the lienholder, besides giving notice as required  in subsection (a) of this section, to make demand for the debt before  making the sale by registered letter addressed to the last known  residence or post office of the debtor.
(d)  In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith to the debtor.