§ 5203 — Priorities and liens upon real property

New York § 5203

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 52: Enforcement of Money Judgments

Text

§ 5203. Priorities and liens upon real property. (a) Priority and lien\non docketing judgment. No transfer of an interest of the judgment debtor\nin real property, against which property a money judgment may be\nenforced, is effective against the judgment creditor either from the\ntime of the docketing of the judgment with the clerk of the county in\nwhich the property is located until ten years after filing of the\njudgment-roll, or from the time of the filing with such clerk of a\nnotice of levy pursuant to an execution until the execution is returned,\nexcept:\n 1. a transfer or the payment of the proceeds of a judicial sale, which\nshall include an execution sale, in satisfaction either of a judgment\npreviously so docketed or of a judgment where a notice of levy pursuant\nto an execution thereon was previously so filed; or\n 2. a transfer in satisfaction of a mortgage given to secure the\npayment of the purchase price of the judgment debtor's interest in the\nproperty; or\n 3. a transfer to a purchaser for value at a judicial sale, which shall\ninclude an execution sale; or\n 4. when the judgment was entered after the death of the judgment\ndebtor; or\n 5. when the judgment debtor is the state, an officer, department,\nboard or commission of the state, or a municipal corporation; or\n 6. when the judgment debtor is the personal representative of a\ndecedent and the judgment was awarded in an action against him in his\nrepresentative capacity.\n (b) Extension of lien. Upon motion of the judgment creditor, upon\nnotice to the judgment debtor, served personally or by registered or\ncertified mail, return receipt requested, to the last known address of\nthe judgment debtor, the court may order that the lien of a money\njudgment upon real property be effective after the expiration of ten\nyears from the filing of the judgment-roll, for a period no longer than\nthe time during which the judgment creditor was stayed from enforcing\nthe judgment, or the time necessary to complete advertisement and sale\nof real property in accordance with section 5236, pursuant to an\nexecution delivered to a sheriff prior to the expiration of ten years\nfrom the filing of the judgment-roll. The order shall be effective from\nthe time it is filed with the clerk of the county in which the property\nis located and an appropriate entry is made upon the docket of the\njudgment.\n (c) Notwithstanding any other provision of law, where a court makes an\noral or written determination on the record awarding ownership of an\ninterest in real property, and a judgment effectuating such\ndetermination is docketed with the clerk of the county in which such\nproperty is located not later than thirty days thereafter, such\njudgement shall be deemed entered and docketed on the day immediately\npreceding the date of such determination solely for purposes of\nestablishing the priority thereof against a judicial lien on such\nproperty created upon the simultaneous or later filing of a petition in\nbankruptcy pursuant to the United States bankruptcy code, as amended.\n