Section 913. Inquiry as to creditors  


Latest version.
  • 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.