When is Part 36 of the NYS Court system trigger selling real estate?
By Philip A. Raices, 1 of the Most Knowledgeable Brokers on the Net!
(Turn Key Real Estate)
The courts in NYS, under certain circumstances, are required to appoint a fiduciary (guardian, receiver, executor, etc.) to handle the sale of real estate. The individual or attorney is required under Part 36 of the NYS Court system to follow constraints and procedural rules that govern the selection of real estate professionals for approval. However, no New York State law universally requires a lawyer to use a “Part 36” real estate broker/agent (or any particular broker) in every case involving indigent individuals, nursing home residents, or decedents’ estates. It generally occurs when a court is appointed and gets involved in handling the process. · What is “Part 36” in NY: · Part 36 of the Rules of the Chief Judge governs “Appointments by the Court”(e.g. guardians, receivers, counse...
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