N.Y. CPLR § 5236

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5236 Sale of real property § 5236. Sale of real property. (a) Time of sale; public auction.Between the fifty-sixth and the sixty-third day after the firstpublication of a copy of the notice of sale, unless the time is extendedby order or the sale postponed by the sheriff, the interest of thejudgment debtor in real property which has been levied upon under anexecution delivered to the sheriff or which was subject to the lien ofthe judgment at the time of such delivery shall be sold by the sheriffpursuant to the execution at public auction at such time and placewithin the county where the real property is situated and as a unit orin such parcels, or combination thereof, as in his judgment will bringthe highest price, but no sale may be made to that sheriff or to hisdeputy or undersheriff. If the property is situated in more than onecounty, it may be sold in a county in which any part is situated, unlessthe court orders otherwise.(b) Sale of mortgaged property. Real property mortgaged shall not besold pursuant to an execution issued upon a judgment recovered for allor part of the mortgage debt.(c) Notice of sale. A printed notice of the time and place of the salecontaining a description of the property to be sold shall be posted atleast fifty-six days before the sale in three public places in the townor city in which the property is located, and, if the sale is to be heldin another town or city, in three public places therein. Service by thesheriff of a copy of said notice on the judgment debtor shall be made asprovided in section 308. A list containing the name and address of thejudgment debtor and of every judgment creditor whose judgment was a lienon the real property to be sold and of every person who had of recordany interest in or lien on such property fo of thejudgment debtor and of every judgment creditor whose judgment was a lienon the real property to be sold and of every person who had of recordany interest in or lien on such property forty-five days prior to theday fixed for the sale shall be furnished the sheriff by the judgmentcreditor, and each person on the list shall be served by the sheriffwith a copy of the notice by personal delivery or by registered orcertified mail, return receipt requested, at least thirty days prior tothe day fixed for the sale. A copy of the notice shall be published atleast once in each of four periods of fourteen successive days, thefirst of which periods may be measured from any day between thefifty-sixth and sixty-third days, preceding the time fixed for the salein a newspaper published in the county in which the property is locatedor, if there is none, in a newspaper published in an adjoining county.An omission to give any notice required by this or the followingsubdivision, or the defacing or removal of a notice posted pursuant toeither, does not affect the title of a purchaser without notice of theomission or offense.(d) Notice of postponement of sale. Any person may, in a writingserved on the sheriff either by personal delivery or by registered orcertified mail, return receipt requested, request that the sheriffnotify him in the event that a scheduled sale is postponed. Such writingshall contain the person's name and mailing address. If the sale is forany reason postponed, notice of the postponed date need be given onlyto:1. those whose requests, made as above provided, have been received bythe sheriff at least five days prior to the postponed date,2. those who appeared at the time and place previously appointed forthe sale, and3. the judgment debtor at his last known address.The notice may be served either by personal delivery or by registered orcertified mail, return receipt requested. Un sly appointed forthe sale, and3. the judgment debtor at his last known address.The notice may be served either by personal delivery or by registered orcertified mail, return receipt requested. Unless the court shallotherwise direct, it need not be posted or published.(e) Effect of notice as against judgment creditors. A judgmentcreditor duly notified pursuant to subdivisions (c) or (d) who fails todeliver an execution to the sheriff prior to the sale shall have nofurther lien on the property and, except as against the judgment debtor,no further interest in the proceeds of the sale.(f) Conveyance; proof of notice. Within ten days after the sale, thesheriff shall execute and deliver to the purchaser proofs ofpublication, service and posting of the notice of sale, and a deed whichshall convey the right, title and interest sold. Such proofs may befiled and recorded in the office of the clerk of the county where theproperty is located.(g) Disposition of proceeds of sale. After deduction for and paymentof fees, expenses and any taxes levied on the --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only sale, transfer ordelivery, the sheriff making a sale of real property pursuant to anexecution shall, unless the court otherwise directs,1. distribute the proceeds to the judgment creditors who havedelivered executions against the judgment debtor to the sheriff beforethe sale, which executions have not been returned, in the order in whichtheir judgments have priority, and2. pay over any excess to the judgment debtor. CPLR § 5236 Page 2