CPLR 5103 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5102 Enforcement of judgment or order awarding possession of real property or a chattel up ARTICLE 51 Enforcement of Judgments and Orders Generally next SECTION 5104 Enforcement of judgment or order by contempt Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5103 Enforcement of judgment or order directing sale of real property Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 51 § 5103. Enforcement of judgment or order directing sale of real property. (a) Entry in county where real property situated. Where real property directed by a judgment or order to be sold is not situated in the county in which the judgment or order is entered, the judgment or order shall also be entered by the clerk of the county in which the property is situated upon filing with him a certified copy of the judgment or order. A purchaser of the property is not required to pay the purchase money or accept a deed until the judgment or order is so entered. (b) Place and mode of sale; security. Where a judgment or order directs that real property shall be sold, it shall be sold in such manner as the judgment or order may direct in the county where it is situated by the sheriff of that county or by a referee appointed by the court for the purpose. If the property is situated in more than one county, it may be sold in a county in which any part is situated unless the judgment or order directs otherwise. If a referee is appointed to sell the property, the court may require him to give an undertaking in an amount fixed by it for the proper application of the proceeds of the sale. The conveyance shall specify in the granting clause the party whose right, title or interest is directed to be sold by the judgment or order and is being conveyed.