Cal. Civ. Code § 767
Order of redemption; liability of persons redeeming
Operative Text
§ 767. Order of redemption; liability of persons redeeming. The person redeeming, as prescribed in this article or the owner of the property so redeemed, may present to the court which issued the warrant a petition setting forth the facts of the redemption and praying for an order establishing the rights and liabilities of the parties upon the redemption, whereupon the court must make an order requiring the other party to the redemption to show cause at a time and place therein specified why the prayer of the petition should not be granted. The order to show cause must be made returnable not less than two nor more than ten days after it is granted; and it must be served at least two days before it is returnable. Upon the return thereof, the court must hear the allegations and proofs of the parties and must make such a judgment as justice requires. The costs and expenses must be paid by the petitioner. The judgment, or a certified copy thereof, may be recorded in like manner as a deed. A person, other than the lessee, who redeems as prescribed in this article succeeds to all the duties and liabilities of the lessee accruing after the redemption as if he was named as lessee in the lease.
N.Y. Real Prop. Acts & Proc. Law § 767 establishes a court-based process for resolving the rights and obligations that arise after a property is redeemed under this article. Either the person who carried out the redemption or the property owner may petition the court that issued the original warrant, triggering a structured show-cause proceeding with strict timing rules — the order must be returnable within two to ten days of being granted and served at least two days before the return date. After hearing from both sides, the court issues a judgment that can be recorded like a deed, and any person other than the original lessee who redeems the property steps into the lessee's shoes for all duties and liabilities arising after that redemption.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 767, property owners involved in a redemption proceeding should be aware that either party may initiate a court petition to formally establish who owes what following a redemption. Compliant operators generally keep careful records of redemption transactions, since the petitioner bears the costs and expenses of the proceeding and the resulting judgment can be recorded in the same manner as a deed. Landlords should also note that when someone other than the original lessee redeems the property, that person assumes the lessee's ongoing duties and liabilities — a factor that can affect lease enforcement going forward.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 767 gives tenants and other parties involved in a redemption the right to petition the court that issued the warrant to have their rights and liabilities formally determined. Tenants should be aware that a person other than the original lessee who redeems the property becomes responsible for the lessee's duties accruing after the redemption, which can affect who is bound by the lease terms. Those navigating a redemption situation may benefit from consulting a tenant-rights organization or legal aid provider to understand how the show-cause procedures and potential judgment under § 767 could apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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