NY State — NY Real Property Actions & Proceedings Law

§ 1076 — SECTION 1076 Satisfaction or protection of lien

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 1076?

Quick Answer

This section addresses the satisfaction or protection of a lien in cases where an interlocutory judgment directs a sale. It allows the court to determine whether the property should be sold subject to an existing lien or discharged from it, with provisions for payment from the sale proceeds. Applies to property owners involved in legal proceedings concerning liens.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 1076 SECTION 1076 Satisfaction or protection of lien

RPAPL § 1076

Where the interlocutory judgment directs a sale, if the right of dower of the plaintiff is inferior to any other lien upon the property, the judgment may, in the discretion of the court, direct that the property be sold either subject to the lien, or discharged from the lien; and, in the latter case, that the officer making the sale pay the amount of the lien out of the proceeds of the sale.

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