1339 – Oath.
§ 1339. Oath. A temporary receiver, before entering upon his or her duties, shall be sworn faithfully and fairly to discharge the trust committed to him or her. The oath may be administered by any person authorized to take acknowledgments of deeds by the real property law. The oath may be waived upon consent of […]
1340 – Undertaking.
§ 1340. Undertaking. A temporary receiver shall give an undertaking in an amount to be fixed by the court making the appointment, that he or she will faithfully discharge his or her duties.
1341 – Accounts.
§ 1341. Accounts. A temporary receiver shall keep written accounts itemizing receipts and expenditures, and describing the property and naming the depository of receivership funds, which shall be open to inspection by any person having an apparent interest in the property, the court may require the keeping of particular records or direct or limit inspection […]
1342 – Removal.
§ 1342. Removal. Upon motion of any party or upon its own initiative, the court which appointed a receiver may remove him or her at any time.
1343 – Notice of Pendency; Constructive Notice.
§ 1343. Notice of pendency; constructive notice. A notice of pendency may be filed in any action brought pursuant to this article in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property. The pendency of such an action is constructive notice, from the time of filing […]
1344 – Filing, Content and Indexing of Notice of Pendency.
§ 1344. Filing, content and indexing of notice of pendency. 1. Filing. In a case specified in section one thousand three hundred forty-three of this article the notice of pendency shall be filed in the office of the clerk of any county where property affected is situated, before or after service of a summons and […]
1345 – Service of Summons.
§ 1345. Service of summons. A notice of pendency filed before an action is commenced is effective only if, within thirty days after filing, a summons is served upon the defendant or first publication of the summons against the defendant is made pursuant to an order and publication is subsequently completed. If the defendant dies […]
1346 – Duration of Notice of Pendency.
§ 1346. Duration of notice of pendency. A notice of pendency shall be effective for a period of three years from the date of filing. Before expiration of a period or extended period, the court, upon motion of the claiming authority and upon such notice as it may require, for good cause shown, may grant […]
1347 – Motion for Cancellation of Notice of Pendency.
§ 1347. Motion for cancellation of notice of pendency. 1. Mandatory cancellation. The court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to cancel a notice of pendency, if service of a summons has not been completed within the time limited by section one […]
1348 – Undertaking for Cancellation of Notice of Pendency.
§ 1348. Undertaking for cancellation of notice of pendency. The court, upon motion of any person aggrieved and upon such notice of pendency as it may require, may direct any county clerk to cancel a notice of pendency, upon such terms as are just, whether or not the judgment demanded would affect specific real property, […]