New York § 1075 - 1075Liens to be ascertained

§ 1075. 1075Liens to be ascertained

§ 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.