The law is vague as to what, specifically, constitutes a “public sale” as referenced in the stock breeder’s and stable keeper’s lien statutes. This clearly would not include a sale by private treaty to a third party without the possibility of others bidding on the horse. If you are foreclosing on either the stock breeder’s or stable keeper’s lien, the safest thing to do is to put the horse, upon proper notice to the debtor, in a horse or livestock auction that is being held in your area. You could also hold your own auction, provided that you provide sufficient public notice (i.e. put information about your sale in the “notices” section of the local newspaper or on the designated area of the courthouse steps in your county) so that the public may show up to bid on the horse.
