§ 913 — Inquiry as to creditors

New York § 913

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 9: Action For Partition

Text

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