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This entry was published on 2014-09-22
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SECTION 231
Sale; notice of; when and how conducted
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 2
§ 231. Sale; notice of; when and how conducted. 1. A sale of real
property made in pursuance of a judgment affecting the title to, or the
possession, enjoyment or use of, real property, shall be at public
auction to the highest bidder.

2. (a) Notice of such sale shall be given by the officer making it by
publishing a notice of the time and place of the sale, containing a
description of the property to be sold, 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, unless the property is
situated wholly or partly in a city, or in an incorporated village in
which a daily, semi-weekly or tri-weekly newspaper is published, and, in
that case, by publishing notice of the sale in such a daily, semi-weekly
or tri-weekly paper, except that where such real property is located in
a county within the city of New York such publication shall be in a
daily newspaper published within such county, or in a weekly paper
published in a city or in such incorporated village. If the property be
situated in a city, or a village in which no newspaper is published
daily, semi-weekly or tri-weekly, and there be an adjoining city or
village in the same or another county, in which a newspaper is
published, daily, semi-weekly or tri-weekly, such notice may be
published in such daily, semi-weekly or tri-weekly newspaper of the
latter city or village or in a weekly newspaper of such city. In each
case, publication may be either once in each week for four successive
weeks or at least twice in each week for three successive weeks
perceding the original date fixed for the sale. If the publication is
for three weeks, such sale shall take place on any day on or after the
twenty-first day and on or before the twenty-eighth day after the day of
the first publication; and if the publication is for four weeks such
sale shall take place on any day on or after the twenty-eighth day and
on or before the thirty-fifth day after the day of the first
publication. Any period of seven successive days shall constitute a
week under this section.

(b) Where the property is situated wholly outside a city or an
incorporated village referred to in subparagraph (a) of this
subdivision, notice of such sale shall also be given by posting a copy
of the notice of sale at least twenty-eight days preceding the original
date fixed for the sale in three public places in the town in which the
property is located, and, if the sale is to be held in another town or
in a city, in three public places therein.

3. If the officer appointed to make such sale does not appear at the
time and place where such sale has been advertised to take place, the
attorney for the plaintiff may postpone or adjourn such sale not to
exceed four weeks, during which time such attorney may make application
to the court to have another person appointed to make such sale. Notice
of postponement of the sale shall be posted at least three days prior to
the postponed date in the same places as the original notice of sale
when posting of the notice of sale is required, and shall be published
once at least three days prior to the postponed date in the newspaper in
which the notice of sale was originally published.

4. The terms of the sale shall be made known at the sale, and if the
property or any part thereof is to be sold subject to the right of
dower, charge or lien, that fact shall be declared at the time of the
sale.

5. If the property consists of two or more distinct buildings, farms
or lots, they shall be sold separately, unless otherwise ordered by the
court; but where two or more buildings are situated in the same city
lot, they shall be sold together.

6. At any time within one year after the sale, but not thereafter, the
court, upon such terms as may be just, may set the sale aside for
failure to comply with the provisions of this section as to the notice,
time or manner of such sale if a substantial right of a party was
prejudiced by the defect.