Legislation
SECTION 291
Recording of conveyances
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 291. Recording of conveyances. A conveyance of real property, within
the state, on being duly acknowledged by the person executing the same,
or proved as required by this chapter, and such acknowledgment or proof
duly certified when required by this chapter, may be recorded in the
office of the clerk of the county where such real property is situated,
and such county clerk or city registrar where applicable shall, upon the
request of any party, on tender of the lawful fees therefor, record the
same in said office. Every such conveyance not so recorded is void as
against any person who subsequently purchases or acquires by exchange or
contracts to purchase or acquire by exchange, the same real property or
any portion thereof, or acquires by assignment the rent to accrue
therefrom as provided in section two hundred ninety-four-a of this
article, in good faith and for a valuable consideration, from the same
vendor or assignor, his distributees or devisees, and whose conveyance,
contract or assignment is first duly recorded, and is void as against
the lien upon the same real property or any portion thereof arising from
payments made upon the execution of or pursuant to the terms of a
contract with the same vendor, his distributees or devisees, if such
contract is made in good faith and is first duly recorded.
Notwithstanding the foregoing, any increase in the principal balance of
a mortgage lien by virtue of the addition thereto of unpaid interest in
accordance with the terms of the mortgage shall retain the priority of
the original mortgage lien as so increased provided that any such
mortgage instrument sets forth its terms of repayment. The clerk of the
county or city registrar where such conveyance of residential real
property is recorded and maintained shall mail a written notice of such
conveyance to the owner of record. The notice shall have the heading
printed in 20 point bold type and read as follows:
"NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for
residential property:
Block #__________ Lot #________
Located At: ___________________________
street address
in the county of __________________ New York
On ____________, documents were filed at this
date
office to change ownership and transfer title of your property.
To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and
wish to dispute the recording of the transfer, you should obtain legal
counsel. If you believe you are a victim of a crime related to this
recording, contact your local law enforcement agency or, if in the City
of New York, the office of the sheriff."
The party seeking to record such conveyance shall bear the cost of such
written notice. The clerk of the county or city registrar is entitled to
charge a reasonable fee to cover the cost of mailing the envelope to the
owner of record. Failure to mail such notice or the failure of any party
to receive the same, shall not affect the validity of the conveyance of
the property.
the state, on being duly acknowledged by the person executing the same,
or proved as required by this chapter, and such acknowledgment or proof
duly certified when required by this chapter, may be recorded in the
office of the clerk of the county where such real property is situated,
and such county clerk or city registrar where applicable shall, upon the
request of any party, on tender of the lawful fees therefor, record the
same in said office. Every such conveyance not so recorded is void as
against any person who subsequently purchases or acquires by exchange or
contracts to purchase or acquire by exchange, the same real property or
any portion thereof, or acquires by assignment the rent to accrue
therefrom as provided in section two hundred ninety-four-a of this
article, in good faith and for a valuable consideration, from the same
vendor or assignor, his distributees or devisees, and whose conveyance,
contract or assignment is first duly recorded, and is void as against
the lien upon the same real property or any portion thereof arising from
payments made upon the execution of or pursuant to the terms of a
contract with the same vendor, his distributees or devisees, if such
contract is made in good faith and is first duly recorded.
Notwithstanding the foregoing, any increase in the principal balance of
a mortgage lien by virtue of the addition thereto of unpaid interest in
accordance with the terms of the mortgage shall retain the priority of
the original mortgage lien as so increased provided that any such
mortgage instrument sets forth its terms of repayment. The clerk of the
county or city registrar where such conveyance of residential real
property is recorded and maintained shall mail a written notice of such
conveyance to the owner of record. The notice shall have the heading
printed in 20 point bold type and read as follows:
"NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for
residential property:
Block #__________ Lot #________
Located At: ___________________________
street address
in the county of __________________ New York
On ____________, documents were filed at this
date
office to change ownership and transfer title of your property.
To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and
wish to dispute the recording of the transfer, you should obtain legal
counsel. If you believe you are a victim of a crime related to this
recording, contact your local law enforcement agency or, if in the City
of New York, the office of the sheriff."
The party seeking to record such conveyance shall bear the cost of such
written notice. The clerk of the county or city registrar is entitled to
charge a reasonable fee to cover the cost of mailing the envelope to the
owner of record. Failure to mail such notice or the failure of any party
to receive the same, shall not affect the validity of the conveyance of
the property.