Section 1075. Liens to be ascertained  


Latest version.
  • 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.