Legislation
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.
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.