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This entry was published on 2014-09-22
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SECTION 5236
Sale of real property
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5236. Sale of real property. (a) Time of sale; public auction.
Between the fifty-sixth and the sixty-third day after the first
publication of a copy of the notice of sale, unless the time is extended
by order or the sale postponed by the sheriff, the interest of the
judgment debtor in real property which has been levied upon under an
execution delivered to the sheriff or which was subject to the lien of
the judgment at the time of such delivery shall be sold by the sheriff
pursuant to the execution at public auction at such time and place
within the county where the real property is situated and as a unit or
in such parcels, or combination thereof, as in his judgment will bring
the highest price, but no sale may be made to that sheriff or to his
deputy or undersheriff. 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 court orders otherwise.

(b) Sale of mortgaged property. Real property mortgaged shall not be
sold pursuant to an execution issued upon a judgment recovered for all
or part of the mortgage debt.

(c) Notice of sale. A printed notice of the time and place of the sale
containing a description of the property to be sold shall be posted at
least fifty-six days before the sale in three public places in the town
or city in which the property is located, and, if the sale is to be held
in another town or city, in three public places therein. Service by the
sheriff of a copy of said notice on the judgment debtor shall be made as
provided in section 308. A list containing the name and address of the
judgment debtor and of every judgment creditor whose judgment was a lien
on the real property to be sold and of every person who had of record
any interest in or lien on such property forty-five days prior to the
day fixed for the sale shall be furnished the sheriff by the judgment
creditor, and each person on the list shall be served by the sheriff
with a copy of the notice by personal delivery or by registered or
certified mail, return receipt requested, at least thirty days prior to
the day fixed for the sale. A copy of the notice shall be published at
least once in each of four periods of fourteen successive days, the
first of which periods may be measured from any day between the
fifty-sixth and sixty-third days, preceding the time fixed for the sale
in a newspaper published in the county in which the property is located
or, if there is none, in a newspaper published in an adjoining county.
An omission to give any notice required by this or the following
subdivision, or the defacing or removal of a notice posted pursuant to
either, does not affect the title of a purchaser without notice of the
omission or offense.

(d) Notice of postponement of sale. Any person may, in a writing
served on the sheriff either by personal delivery or by registered or
certified mail, return receipt requested, request that the sheriff
notify him in the event that a scheduled sale is postponed. Such writing
shall contain the person's name and mailing address. If the sale is for
any reason postponed, notice of the postponed date need be given only
to:

1. those whose requests, made as above provided, have been received by
the sheriff at least five days prior to the postponed date,

2. those who appeared at the time and place previously appointed for
the sale, and

3. the judgment debtor at his last known address.
The notice may be served either by personal delivery or by registered or
certified mail, return receipt requested. Unless the court shall
otherwise direct, it need not be posted or published.

(e) Effect of notice as against judgment creditors. A judgment
creditor duly notified pursuant to subdivisions (c) or (d) who fails to
deliver an execution to the sheriff prior to the sale shall have no
further 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, the
sheriff shall execute and deliver to the purchaser proofs of
publication, service and posting of the notice of sale, and a deed which
shall convey the right, title and interest sold. Such proofs may be
filed and recorded in the office of the clerk of the county where the
property is located.

(g) Disposition of proceeds of sale. After deduction for and payment
of fees, expenses and any taxes levied on the sale, transfer or
delivery, the sheriff making a sale of real property pursuant to an
execution shall, unless the court otherwise directs,

1. distribute the proceeds to the judgment creditors who have
delivered executions against the judgment debtor to the sheriff before
the sale, which executions have not been returned, in the order in which
their judgments have priority, and

2. pay over any excess to the judgment debtor.