§ 5236 — Sale of real property

New York § 5236

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

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§ 5236. Sale of real property. (a) Time of sale; public auction.\nBetween the fifty-sixth and the sixty-third day after the first\npublication of a copy of the notice of sale, unless the time is extended\nby order or the sale postponed by the sheriff, the interest of the\njudgment debtor in real property which has been levied upon under an\nexecution delivered to the sheriff or which was subject to the lien of\nthe judgment at the time of such delivery shall be sold by the sheriff\npursuant to the execution at public auction at such time and place\nwithin the county where the real property is situated and as a unit or\nin such parcels, or combination thereof, as in his judgment will bring\nthe highest price, but no sale may be made to that sheriff or to his\ndeputy or undersheriff. If the property is situated in more than one\ncounty, it may be sold in a county in which any part is situated, unless\nthe court orders otherwise.\n (b) Sale of mortgaged property. Real property mortgaged shall not be\nsold pursuant to an execution issued upon a judgment recovered for all\nor part of the mortgage debt.\n (c) Notice of sale. A printed notice of the time and place of the sale\ncontaining a description of the property to be sold shall be posted at\nleast fifty-six days before the sale in three public places in the town\nor city in which the property is located, and, if the sale is to be held\nin another town or city, in three public places therein. Service by the\nsheriff of a copy of said notice on the judgment debtor shall be made as\nprovided in section 308. A list containing the name and address of the\njudgment debtor and of every judgment creditor whose judgment was a lien\non the real property to be sold and of every person who had of record\nany interest in or lien on such property forty-five days prior to the\nday fixed for the sale shall be furnished the sheriff by the judgment\ncreditor, and each person on the list shall be served by the sheriff\nwith a copy of the notice by personal delivery or by registered or\ncertified mail, return receipt requested, at least thirty days prior to\nthe day fixed for the sale. A copy of the notice shall be published at\nleast once in each of four periods of fourteen successive days, the\nfirst of which periods may be measured from any day between the\nfifty-sixth and sixty-third days, preceding the time fixed for the sale\nin a newspaper published in the county in which the property is located\nor, if there is none, in a newspaper published in an adjoining county.\nAn omission to give any notice required by this or the following\nsubdivision, or the defacing or removal of a notice posted pursuant to\neither, does not affect the title of a purchaser without notice of the\nomission or offense.\n (d) Notice of postponement of sale. Any person may, in a writing\nserved on the sheriff either by personal delivery or by registered or\ncertified mail, return receipt requested, request that the sheriff\nnotify him in the event that a scheduled sale is postponed. Such writing\nshall contain the person's name and mailing address. If the sale is for\nany reason postponed, notice of the postponed date need be given only\nto:\n 1. those whose requests, made as above provided, have been received by\nthe sheriff at least five days prior to the postponed date,\n 2. those who appeared at the time and place previously appointed for\nthe sale, and\n 3. the judgment debtor at his last known address.\nThe notice may be served either by personal delivery or by registered or\ncertified mail, return receipt requested. Unless the court shall\notherwise direct, it need not be posted or published.\n (e) Effect of notice as against judgment creditors. A judgment\ncreditor duly notified pursuant to subdivisions (c) or (d) who fails to\ndeliver an execution to the sheriff prior to the sale shall have no\nfurther lien on the property and, except as against the judgment debtor,\nno further interest in the proceeds of the sale.\n (f) Conveyance; proof of notice. Within ten days after the sale, the\nsheriff shall execute and deliver to the purchaser proofs of\npublication, service and posting of the notice of sale, and a deed which\nshall convey the right, title and interest sold. Such proofs may be\nfiled and recorded in the office of the clerk of the county where the\nproperty is located.\n (g) Disposition of proceeds of sale. After deduction for and payment\nof fees, expenses and any taxes levied on the sale, transfer or\ndelivery, the sheriff making a sale of real property pursuant to an\nexecution shall, unless the court otherwise directs,\n 1. distribute the proceeds to the judgment creditors who have\ndelivered executions against the judgment debtor to the sheriff before\nthe sale, which executions have not been returned, in the order in which\ntheir judgments have priority, and\n 2. pay over any excess to the judgment debtor.\n