2006 New York Code - Priorities And Liens Upon Real Property.



 
    §  5203.   Priorities and liens upon real property.  (a)  Priority and
  lien on docketing judgment.  No transfer of an interest of the  judgment
  debtor  in real property, against which property a money judgment may be
  enforced, is effective against the judgment  creditor  either  from  the
  time  of  the  docketing of the judgment with the clerk of the county in
  which the property is located  until  ten  years  after  filing  of  the
  judgment-roll,  or  from  the  time  of  the filing with such clerk of a
  notice of levy pursuant to an execution until the execution is returned,
  except:
    1.  a transfer or the payment of the  proceeds  of  a  judicial  sale,
  which  shall  include  an  execution  sale,  in satisfaction either of a
  judgment previously so docketed or of a judgment where a notice of  levy
  pursuant to an execution thereon was previously so filed; or
    2.    a  transfer  in  satisfaction  of a mortgage given to secure the
  payment of the purchase price of the judgment debtor's interest  in  the
  property; or
    3.    a  transfer  to  a purchaser for value at a judicial sale, which
  shall include an execution sale; or
    4.  when the judgment was entered after  the  death  of  the  judgment
  debtor; or
    5.    when  the  judgment debtor is the state, an officer, department,
  board or commission of the state, or a municipal corporation; or
    6.   when the judgment debtor is  the  personal  representative  of  a
  decedent  and  the  judgment was awarded in an action against him in his
  representative capacity.
    (b)  Extension of lien.  Upon motion of the  judgment  creditor,  upon
  notice  to  the  judgment  debtor, served personally or by registered or
  certified mail, return receipt requested, to the last known  address  of
  the  judgment  debtor,  the  court  may  order  that the lien of a money
  judgment upon real property be effective after  the  expiration  of  ten
  years  from the filing of the judgment-roll, for a period no longer than
  the time during which the judgment creditor was  stayed  from  enforcing
  the  judgment,  or the time necessary to complete advertisement and sale
  of real property  in  accordance  with  section  5236,  pursuant  to  an
  execution  delivered  to  a sheriff prior to the expiration of ten years
  from the filing of the judgment-roll.  The order shall be effective from
  the time it is filed with the clerk of the county in which the  property
  is  located  and  an  appropriate  entry  is made upon the docket of the
  judgment.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.