§ 5103 — Enforcement of judgment or order directing sale of real property

New York § 5103

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 51: Enforcement of Judgments and Orders Generally

Text

§ 5103. Enforcement of judgment or order directing sale of real\nproperty. (a) Entry in county where real property situated. Where real\nproperty directed by a judgment or order to be sold is not situated in\nthe county in which the judgment or order is entered, the judgment or\norder shall also be entered by the clerk of the county in which the\nproperty is situated upon filing with him a certified copy of the\njudgment or order. A purchaser of the property is not required to pay\nthe purchase money or accept a deed until the judgment or order is so\nentered.\n (b) Place and mode of sale; security. Where a judgment or order\ndirects that real property shall be sold, it shall be sold in such\nmanner as the judgment or order may direct in the county where it is\nsituated by the sheriff of that county or by a referee appointed by the\ncourt for the purpose. 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 judgment or order directs otherwise. If a referee is appointed to\nsell the property, the court may require him to give an undertaking in\nan amount fixed by it for the proper application of the proceeds of the\nsale. The conveyance shall specify in the granting clause the party\nwhose right, title or interest is directed to be sold by the judgment or\norder and is being conveyed.\n