New York Real Property Actions & Proceedings Law Article 16 - JUDICIAL AUTHORIZATION OF SALE, LEASE, MORTGAGE, ACQUISITION, EXCHANGE OR VOLUNTARY PARTITION
- 1601 - Application by Trustee for Court Authorization to Mortgage, to Lease, to Sell, to Acquire or to Exchange Real Property or for Confirmation of a Lease
of real property. 1. When the assets of a trust include an interest in real property, the trustee may apply to the court designated in...
- 1602 - Application by Owner of Present or Future Interest for Court Authorization to Mortgage, to Lease or to Sell Real Property.
When the ownership of real property is divided into one or more possessory interests and one or more future interests, the owner of any interest...
- 1603 - Court to Which Application is to Be Made.
An application made pursuant to the provisions of either section 1601 or section 1602 shall be made to a term of the supreme court held...
- 1604 - When Application Shall Be Granted.
The court to which an application has been duly made pursuant to the provisions of either section 1601 or section 1602 is authorized to grant...
- 1605 - Contents of Petition.
An application made pursuant to the provisions of either section 1601 or section 1602 shall be by duly verified petition which must contain the following:...
- 1606 - Notice of Application.
1. The notice of an application made pursuant to the provisions of either section 1601 or section 1602 shall be given to each person in...
- 1607 - Service of Notice Upon Presumptive Members of Class.
When an interest in the affected real property has been limited to a class, service of the notice of the application upon those persons in...
- 1608 - Guardians Ad Litem.
1. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602 the court shall appoint a...
- 1609 - Final Order Upon the Application.
After taking proof of the facts, either before the court or a referee, and hearing the parties and fully examining into the matter, the court...
- 1610 - Final Order Authorizing Acquisition or Exchange of Land or Confirming Lease; Execution and Binding Force.
When the final order authorizes the acquisition or exchange of land, the trustee, upon whose application the order was made, shall execute the provisions of...
- 1611 - Final Order; Appointment of Referee.
When the final order authorizes a mortgage, lease or sale upon the application of a person who is not trustee, the court in such final...
- 1612 - Report of Agreement for Confirmation.
Before a mortgage, lease or sale is made pursuant to a final order described in section 1609, the trustee or referee must enter into an...
- 1613 - Order of Confirmation; Contents and Subsequent Procedures.
1. When the agreement reported to the court pursuant to the provisions of section 1612 appears to the court to conform in all particulars to...
- 1614 - Binding Force of Mortgage, Sale or Lease Duly Made With Judicial Approval.
A mortgage, lease or conveyance duly executed and delivered in accordance with an order of confirmation, made pursuant to the provisions of section 1613, binds...
- 1615 - Date of Creation of Affected Interests.
The procedure authorized by sections 1601 through 1614 shall apply equally to interests created on or after September 1, 1937; to interests created before that...
- 1616 - Application to Compensation Arising Out of Appropriation of Real Property by the State.
1. The procedure authorized by sections 1601 through 1614 as to a sale of real property, covering all created interests as mentioned therein and qualified...
- 1641 - Executors', Fiduciaries' and Trustees' Conveyances to Certain Corporations in Exchange for Certain Stocks and Bonds Authorized and Regulated.
1. Whenever an executor, trustee, guardian of an infant, committee of a person incompetent to manage himself or his affairs, conservator of a person unable...
- 1651 - Proceedings for Voluntary Partition of Infant's, Incompetent's or Conservatee's Real Property.
1. Where an infant, mentally retarded person, mentally ill person, alcohol abuser or conservatee holds real property, in joint tenancy or in common, the general...
Last modified: February 3, 2019