RPAPL 1075 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1074 Direction that a part be laid off up ARTICLE 10 Action For Dower next SECTION 1076 Satisfaction or protection of lien Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1075 Liens to be ascertained Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 1075. Liens to be ascertained. Before an interlocutory judgment is rendered for the sale of the property, the court must direct a reference to ascertain whether any person not a party, has a lien upon the property, or any part thereof. But the court may direct or dispense with such reference, in its discretion, where a party produces a search, certified by the clerk, or by the clerk and register as the case requires, of the county where the property is situated and it appears therefrom, and by the affidavits, if any, produced therewith, that there is no such outstanding lien. Except as otherwise expressly prescribed in this article, the proceedings upon and subsequent to the reference must be the same as prescribed by law where a reference is made in an action for partition to ascertain whether there is a creditor not a party who has a lien on the share or interest of a party.