What legal steps does an attorney general take to seize real estate to satisfy a civil judgment in New York?
Executive summary
An attorney general (or any judgment creditor) seeking to seize real estate in New York must first convert the money judgment into a lien on specific property by transcribing or docketing the judgment in the county where the real estate sits, then obtain court process (a writ of execution or property execution) authorizing the sheriff to levy and sell the property under CPLR procedures; proceeds from any sale are applied to the judgment after costs, mortgages, and prior liens are paid [1] [2] [3] [4]. The process involves asset discovery tools, formal notices to third parties (banks, holders of rents, or other obligors), statutory exemptions and procedural fees, and—where government forfeiture law is implicated—separate civil or criminal forfeiture statutes that follow distinct standards [5] [6] [7] [8] [9].
1. Convert the judgment into a lien where the real estate is located
Before any sheriff can seize land, the judgment must be “transcripted” or docketed in the county clerk’s office where the property lies so the judgment becomes a lien on real property in that county; this transcripting step is mandatory to reach real estate beyond the court that entered the original judgment [1] [3].
2. Identify and attach the specific property to the judgment
A creditor cannot simply demand a sale of unspecified land; the judgment must be attached to particular property by recording the transcript and asking the court clerk to issue executions that specify what to levy—real property must be identified and the creditor may need to use investigative tools to locate ownership and title information [2] [6].
3. Obtain court-issued execution (writ/property execution) and engage the sheriff
Once property is identified and the judgment is properly docketed, the next legal step is to obtain a writ of execution or a property execution directing the county sheriff to levy (seize) and, if necessary, sell the real estate; the execution is the enforcement officer’s authority to act and typically must be issued by an attorney or by the clerk of the court [10] [3] [6].
4. Use discovery and third‑party restraints to preserve and collect value
Prior to sale, enforcement officers commonly serve restraining notices, information subpoenas, and other process on banks, tenants, employers, or anyone owing money to the debtor to freeze assets or divert rents and payments toward the judgment; these pre-sale steps both discover hidden assets and prevent dissipation [5] [6] [11].
5. Levy, sale at public auction under CPLR Article 52, and disbursement hierarchy
If the debtor does not satisfy the debt, seized real property may be sold at public auction in accordance with CPLR Article 52; the sheriff or other enforcing authority sells the asset, accounts for proceeds, pays enforcement costs, superior liens, taxes, and mortgages, and then applies any surplus to the judgment [4] [3] [12].
6. Practical limits: exemptions, fees, and competing liens
Not all property can be levied—New York law recognizes exemptions and the creditor must pay fees (advertising, carting, security) to the sheriff in advance of enforcement; moreover, mortgages and earlier-recorded liens take priority, meaning sale proceeds may not satisfy the judgment if encumbered [7] [5] [3].
7. When the AG pursues forfeiture rather than ordinary judgment enforcement
If the Attorney General’s action arises from statutes authorizing civil or criminal forfeiture (for example to seize “ill‑gotten gains”), different statutory schemes and burdens may apply and the government may pursue in rem forfeiture under separate procedures that can reach real property as proceeds or instrumentalities of wrongdoing; those remedies are governed by distinct statutes rather than the ordinary CPLR execution pathway [9] [8].
8. Remedies, notifications, and closing the record
When a judgment is paid—whether pre-sale or from auction proceeds—the creditor or enforcement officer must file a Satisfaction of Judgment so liens and records can be cleared; failure to properly file can create further litigation or penalties [7] [12].
Limitations of this report: the sources provided are practical court and agency guides, law‑firm explanations, and enforcement pages; they explain procedural steps and statutory frameworks but do not substitute for case law nuances or county-specific local rules—those finer points and any recent statutory changes are beyond the scope of the cited materials [6] [3].