(a) Entry in County Where Real Property Situated. Where real property directed by a judgment or order to be sold is not situated in the county in which the judgment or order is entered, the judgment or order shall also be entered by the clerk of the county in which the property is situated upon filing with him a certified copy of the judgment or order. A purchaser of the property is not required to pay the purchase money or accept a deed until the judgment or order is so entered.
§ 5103.Enforcement of judgment or order directing sale of real property.
Article 51. Enforcement of Judgments and Orders Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5103 covers judgments ordering the sale of real property: it requires the judgment to be docketed in the county where out-of-county property sits, and lays out who conducts the sale and what the resulting deed must state.
Full Text of CPLR 5103
(b) Place and Mode of Sale; Security. Where a judgment or order directs that real property shall be sold, it shall be sold in such manner as the judgment or order may direct in the county where it is situated by the sheriff of that county or by a referee appointed by the court for the purpose. If the property is situated in more than one county, it may be sold in a county in which any part is situated unless the judgment or order directs otherwise. If a referee is appointed to sell the property, the court may require him to give an undertaking in an amount fixed by it for the proper application of the proceeds of the sale. The conveyance shall specify in the granting clause the party whose right, title or interest is directed to be sold by the judgment or order and is being conveyed.
Plain-English Summary
When a judgment directs the sale of real property that isn't in the county where the judgment was entered, this section requires the judgment or order to also be entered by the clerk in the county where the property sits, on filing a certified copy. A buyer isn't obligated to pay the purchase price or accept a deed until that second entry happens — protection against a title problem the buyer would otherwise have no way to check.
The sale itself goes forward in the county where the property sits, run by that county's sheriff or a referee the court appoints. If the property spans more than one county, it can be sold in any county where part of it sits, unless the judgment says otherwise. The court can require a referee to post an undertaking to guarantee the proceeds get applied properly, and the deed conveying the property has to specify in its granting clause exactly whose interest is being sold.
Frequently Asked Questions
Where does a judgment ordering a property sale need to be filed if the property sits in a different county?
It also has to be entered by the clerk of the county where the property is located, on filing a certified copy there.
Who conducts a court-ordered sale of real property in New York?
The sheriff of the county where the property sits, or a referee the court appoints for that purpose.
What if the property being sold spans more than one county?
It can be sold in any county where part of it sits, unless the judgment or order directs otherwise.
Does the referee conducting the sale have to post a bond?
The court may require the referee to give an undertaking, in an amount it sets, to guarantee that the sale proceeds get applied properly.
What has to appear in the deed when property is sold under a judgment?
The granting clause has to specify which party's right, title, or interest the judgment directed to be sold and is being conveyed.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 5101, under subheading “Alternative enforcement by contempt or execution.”).
Subd (a) of this section is a rewording of CPA § 500.
Subd (b) of this section consolidates CPA §§ 506, 507 and 508. Those provisions have been condensed but no change of substance is intended. The last sentence of § 506 and the last clause of § 507 have been omitted as unnecessary; also omitted are the portions of § 508 which stated that the conveyance should not name any other parties to the action and making the executing officer liable for damages. The provision for sale of property situated in more than one county has been changed to conform to the provisions of § 5235(a).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: court ordered sale of real property New Yorkreferee sale judgmentsheriff sale real property enforcementjudgment directing sale procedure