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This entry was published on 2014-09-22
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Liens to be ascertained
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1075. Liens to be ascertained. Before an interlocutory judgment is
rendered for the sale of the property, the court must direct a reference
to ascertain whether any person not a party, has a lien upon the
property, or any part thereof. But the court may direct or dispense
with such reference, in its discretion, where a party produces a search,
certified by the clerk, or by the clerk and register as the case
requires, of the county where the property is situated and it appears
therefrom, and by the affidavits, if any, produced therewith, that there
is no such outstanding lien. Except as otherwise expressly prescribed
in this article, the proceedings upon and subsequent to the reference
must be the same as prescribed by law where a reference is made in an
action for partition to ascertain whether there is a creditor not a
party who has a lien on the share or interest of a party.