The Nether Side of Civil Procedure: (Pt. 1: Judicial Liens on New York Real Property)

50 Pages Posted: 7 Mar 2007  

David Gray Carlson

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: March 5, 2007

Abstract

This article studies the property aspects of judicial liens that arise upon docketing money judgments in New York. It investigates the execution sales procedure and finds an aspect of it clearly unconstitutional. The homestead exemption and various priority issues are described as well. The interaction of these judicial liens with senior mortgages and bankruptcy proceedings is carefully analyzed, as well as the priority of federal tax liens as against New York judicial liens. The Supreme Court's opinion in United States v. McDermott is criticized as wrongly decided on multiple grounds. This opinion holds that federal tax liens are senior to after-acquired property liens claimed by judgment creditors.

Keywords: liens, bankruptcy

Suggested Citation

Carlson, David Gray, The Nether Side of Civil Procedure: (Pt. 1: Judicial Liens on New York Real Property) (March 5, 2007). Cardozo Legal Studies Research Paper No. 184. Available at SSRN: https://ssrn.com/abstract=968454 or http://dx.doi.org/10.2139/ssrn.968454

David Gray Carlson (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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New York, NY 10003
United States
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212-790-0205 (Fax)

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