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This entry was published on 2014-09-22
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SECTION 5203
Priorities and liens upon real property
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5203. Priorities and liens upon real property. (a) Priority and lien
on docketing judgment. No transfer of an interest of the judgment debtor
in real property, against which property a money judgment may be
enforced, is effective against the judgment creditor either from the
time of the docketing of the judgment with the clerk of the county in
which the property is located until ten years after filing of the
judgment-roll, or from the time of the filing with such clerk of a
notice of levy pursuant to an execution until the execution is returned,
except:

1. a transfer or the payment of the proceeds of a judicial sale, which
shall include an execution sale, in satisfaction either of a judgment
previously so docketed or of a judgment where a notice of levy pursuant
to an execution thereon was previously so filed; or

2. a transfer in satisfaction of a mortgage given to secure the
payment of the purchase price of the judgment debtor's interest in the
property; or

3. a transfer to a purchaser for value at a judicial sale, which shall
include an execution sale; or

4. when the judgment was entered after the death of the judgment
debtor; or

5. when the judgment debtor is the state, an officer, department,
board or commission of the state, or a municipal corporation; or

6. when the judgment debtor is the personal representative of a
decedent and the judgment was awarded in an action against him in his
representative capacity.

(b) Extension of lien. Upon motion of the judgment creditor, upon
notice to the judgment debtor, served personally or by registered or
certified mail, return receipt requested, to the last known address of
the judgment debtor, the court may order that the lien of a money
judgment upon real property be effective after the expiration of ten
years from the filing of the judgment-roll, for a period no longer than
the time during which the judgment creditor was stayed from enforcing
the judgment, or the time necessary to complete advertisement and sale
of real property in accordance with section 5236, pursuant to an
execution delivered to a sheriff prior to the expiration of ten years
from the filing of the judgment-roll. The order shall be effective from
the time it is filed with the clerk of the county in which the property
is located and an appropriate entry is made upon the docket of the
judgment.

(c) Notwithstanding any other provision of law, where a court makes an
oral or written determination on the record awarding ownership of an
interest in real property, and a judgment effectuating such
determination is docketed with the clerk of the county in which such
property is located not later than thirty days thereafter, such
judgement shall be deemed entered and docketed on the day immediately
preceding the date of such determination solely for purposes of
establishing the priority thereof against a judicial lien on such
property created upon the simultaneous or later filing of a petition in
bankruptcy pursuant to the United States bankruptcy code, as amended.