RPAPL 913 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 911 Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown... up ARTICLE 9 Action For Partition next SECTION 915 Interlocutory judgment Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 913 Inquiry as to creditors Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 9 § 913. Inquiry as to creditors. 1. Before an interlocutory judgment for the sale of real property is rendered the court shall ascertain, by reference or otherwise, whether there is any creditor not a party who has a lien on the undivided share or interest of any party. A search certified by the clerk or by the clerk and register of the county where the property is situated that there is no such outstanding lien is sufficient proof of the absence of such creditor. 2. Where a reference is directed, the referee shall cause a notice to be published once in each week for four successive weeks in such newspaper published in the county wherein the place of trial is designated as shall be designated by the court directing said reference, and also, where the court so directs, in a newspaper published in each county wherein the property is situated, requiring each person not a party to the action who, at the date of the order, had a lien upon any undivided share or interest in the property, to appear before the referee at a specified place and on or before a specified day to prove his lien and the true amount due or to become due to him by reason thereof. The referee shall report to the court with all convenient speed the name of each creditor whose lien is satisfactorily proved before him, the nature and extent of the lien, the date thereof and the amount due or to become due thereupon.