2006 New York Code - Inquiry As To Creditors.



 
    §  913.  Inquiry  as to creditors. 1. Before an interlocutory judgment
  for the sale of real property is rendered the court shall ascertain,  by
  reference  or  otherwise,  whether there is any creditor not a party who
  has a lien on the undivided share or interest of  any  party.  A  search
  certified  by the clerk or by the clerk and register of the county where
  the property is situated that there  is  no  such  outstanding  lien  is
  sufficient proof of the absence of such creditor.
    2.  Where a reference is directed, the referee shall cause a notice to
  be published once in  each  week  for  four  successive  weeks  in  such
  newspaper  published  in  the  county  wherein  the  place  of  trial is
  designated as shall be designated by the court directing said reference,
  and also, where the court so directs, in a newspaper published  in  each
  county  wherein  the  property  is situated, requiring each person not a
  party to the action who, at the date of the order, had a lien  upon  any
  undivided  share  or  interest  in  the  property,  to appear before the
  referee at a specified place and on or before a specified day  to  prove
  his  lien  and  the  true  amount  due or to become due to him by reason
  thereof. The referee shall report to the court with all convenient speed
  the name of each creditor whose lien  is  satisfactorily  proved  before
  him,  the nature and extent of the lien, the date thereof and the amount
  due or to become due thereupon.

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.