New York Laws
Article 9 - Action for Partition
913 - Inquiry as to Creditors.

§ 913. Inquiry as to creditors. 1. Before an interlocutory judgment
for the sale of real property is rendered the court shall ascertain, by
reference or otherwise, whether there is any creditor not a party who
has a lien on the undivided share or interest of any party. A search
certified by the clerk or by the clerk and register of the county where
the property is situated that there is no such outstanding lien is
sufficient proof of the absence of such creditor.

2. Where a reference is directed, the referee shall cause a notice to
be published once in each week for four successive weeks in such
newspaper published in the county wherein the place of trial is
designated as shall be designated by the court directing said reference,
and also, where the court so directs, in a newspaper published in each
county wherein the property is situated, requiring each person not a
party to the action who, at the date of the order, had a lien upon any
undivided share or interest in the property, to appear before the
referee at a specified place and on or before a specified day to prove
his lien and the true amount due or to become due to him by reason
thereof. The referee shall report to the court with all convenient speed
the name of each creditor whose lien is satisfactorily proved before
him, the nature and extent of the lien, the date thereof and the amount
due or to become due thereupon.

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