Cap. 12 Art. 337Demand for approval of set-off. Payment into court of surplus of price, if any.

(1) A purchaser shall, within the animo compensandi times stated in article 328, demand by means of an application accompanied by a lodgment schedule, the approval of the proposed set-off, and he shall pay into court the surplus of the price where such price exceeds the amount of the debt and costs, producing the necessary vouchers.

(2) If the purchaser be a person other than the execution creditor, he shall likewise pay into court the amount of the costs incurred by such execution creditor in respect of the judicial recognition of his claim and in respect of the auction proceedings.

(3) The execution creditor shall recover the costs of the auction proceedings unconditionally, and shall recover the legal fees and the costs of the judicial recognition of his claim, upon entering into a bond with sufficient surety to restore the amount thereof to the purchaser in the event of eviction of the immovable property adjudicated.