§ 1745. Report and confirmation of agreement and of conveyance. 1. Before disposition of the property can be made pursuant to the judgment, the guardian, committee or conservator must enter into an agreement therefor, subject to the approval of the court, and must report the agreement to the court under oath. Such agreement may be made either before or after the commencement of the proceeding, and if made and reported prior to the entry of the judgment, such judgment may include a confirmation thereof.

Terms Used In N.Y. Real Property Actions and Proceedings Law 1745

  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.

2. Upon the confirmation of the agreement, either by the judgment or by a subsequent order, the guardian, committee or conservator shall execute and deliver a deed, mortgage, release or lease as directed by such judgment or order.

3. Where the judgment directs the execution of a conveyance in the first instance for the purpose of fulfilling a contract, or because the property is held by way of mortgage, or in trust only, the guardian, committee or conservator executing the conveyance shall report the conveyance to the court under oath.