N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 913 — Inquiry as to creditors, https://www.­nysenate.­gov/legislation/laws/RPA/913 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

901
By whom maintainable
903
Necessary defendants
904
Permissible defendants
905
Complaint
907
Trial of title or interest
911
Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown...
913
Inquiry as to creditors
915
Interlocutory judgment
916
Interlocutory judgment directing partial partition
917
Interlocutory judgment directing partition in common
918
Interlocutory judgment directing sale or exception of lien or dower interest
919
Interlocutory judgment directing credit on sale
921
Actual partition
922
Meeting of commissioners
923
Security for credit on sale
925
Report of sale
927
Contents of judgment after actual partition
928
Effect of judgment after actual partition
929
Lien of creditor upon share partitioned
931
Contents of judgment after sale
933
Effect of judgment after sale
941
Judgment as to parties having interest in entire property
943
Judgment directing compensation to equalize partition
945
Judgment adjusting rents and profits
947
Judgment affecting state tax claim
951
Recording of judgment
961
Disposition of proceeds of sale
962
Payment of proceeds into court where there are liens
963
Payment of proceeds out of court where there are liens
964
Payment of proceeds into court in cases involving decedent’s property
965
Payment of proceeds out of court in cases involving decedent’s property
966
Payment of proceeds directly to parties in cases involving decedent’s property
967
Payment of proceeds to owner of particular or future estate
968
Manner of payment of proceeds to owner of particular or future estate
969
Shares of infant, incompetent or conservatee
970
Shares of unknown or absent owner
971
Security for refund
973
Report of disposition of proceeds
981
Costs and expenses
991
Proceeding for share of unknown heirs
992
Judgment in proceeding for share of unknown heirs
993
Uniform partition of heirs property act

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 913’s source at nysenate​.gov

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