§ 321. Recording discharge of mortgage. 1. The recording officer shall
mark on the record of a mortgage the word "discharged" when there is
presented to him a certificate or certificates signed as hereinafter
provided, and acknowledged or proved and certified in like manner as to
entitle a conveyance to be recorded, specifying that the mortgage has
been paid or otherwise satisfied and discharged.

(a) When it does not appear from the record that any interest in the
mortgage has been assigned, the discharge shall be signed by the
mortgagee or by his personal representative.

(b) When it appears from the record that the mortgage has been
assigned, whether or not the assignment was made as collateral security,
the discharge shall be signed by the person who appears from the record
to be the last assignee thereof or by his personal representative.

(c) When the mortgage or an assignment thereof names two or more
persons as mortgagees or assignees, the discharge shall be signed by the
person or persons designated by the mortgage or assignment to receive
payment of the mortgage debt or to give full acquittance and discharge
therefor. When no such person or persons are designated by the mortgage
or assignment, the certificate of discharge shall be signed by all of
the persons named, in the mortgage or assignment, as mortgagees or
assignees, as the case may be, or by their personal representatives, if
the mortgage or assignment (i) specifies their respective interest in
terms of a sum of money, or in terms of a fraction or percentage, or
(ii) states that such persons shall share equally in, or shall have
equal shares in the mortgage, or (iii) describes such persons as tenants
in common of the mortgage. When it appears from the record that the
mortgage is held by trustees, the certificate of discharge shall be
signed by a majority of such trustees or of the survivors of them or by
the survivors or survivor of them, unless the instrument creating the
trust provides otherwise. Except as required above, the discharge may be
signed by any one of the persons named in the mortgage or assignment, as
mortgagees or assignees, as the case may be, or by the personal
representative of the last survivor of them. If the mortgage or
assignment states that the persons named therein as mortgagees or
assignees shall hold the mortgage jointly, or describes such persons as
joint tenants or tenants by the entirety of the mortgage, or expressly
creates a right of survivorship among them, the discharge may be signed
by any one of such persons or by the personal representative of the last
survivor of them notwithstanding that the mortgage or assignment
specifies their respective interests in the mortgage or states that they
shall share equally or have equal shares therein.

(d) When the mortgage has been partially assigned, the certificate of
discharge shall be signed by all of the persons, or their personal
representatives, who in the aggregate are the holders of all portions of
the mortgage, including each partial assignee, and the assignor in case
any portion of the mortgage has not been assigned; provided, however,
that if any partial assignment names two or more persons as assignees,
the person or persons who may sign the certificate discharging such
partial interest shall be determined in accordance with the provisions
of paragraph (c) of this subdivision.

(e) Whenever two or more persons are required to execute a certificate
of discharge as provided in this subdivision, there may be presented in
lieu of such certificate, separately executed certificates of discharge
as to the respective interests of each in the mortgage so that together
the several certificates purport to discharge the entire mortgage.

(f) In place of any of the persons specified in paragraphs (a), (b),
(c) or (d) of this subdivision, a certificate of discharge of the
mortgage or of any interest therein may be signed (i) by an agent who
has been authorized by any such person to demand or receive payment or
to give a certificate of discharge of the mortgage by a power of
attorney, provided such power of attorney is of record in the office
where the mortgage is recorded, and no instrument of revocation has been
recorded; or (ii) by any person in whom title to such mortgage or to
such interest, or authority to act on behalf of or in exercise of the
right or power of the holder of such mortgage or of such interest is
vested, in a fiduciary capacity, by virtue of an order or decree of a
court having jurisdiction thereof, including, but not limited to, the
guardian of a minor, the committee of an incompetent person, or the
conservator of a conservatee, whether domestic or foreign, and a
receiver in bankruptcy or trustee in bankruptcy. A certificate executed
by any person specified in clause (ii) of this paragraph shall recite
the name of the court and the venue of the proceedings in which his
appointment was made, or the order or decree vesting him with such title
or authority was entered.

(g) If the mortgage is stated in the certificate of discharge to have
been taken by the noncitizen property custodian under and pursuant to
the trading with the enemy act adopted by the United States congress,
and approved October sixth, nineteen hundred sixteen, or any act
amendatory thereof, or supplemental thereto, such certificate may be
executed by such noncitizen property custodian or such person as the
president may appoint to give full acquittance and discharge for money
or property belonging to an enemy or ally of an enemy which may be
conveyed, assigned, delivered or transferred to said noncitizen property
custodian, with like effect as if the same had been executed by the
mortgagee, or the personal representative or assignee of such mortgagee.
Such certificate may be recorded, and such certificate, the record
thereof and a certified copy of such record may be introduced in
evidence in all courts of this state.

2. (a) The recording officer shall record and file such certificate or
certificates together with the certificates of acknowledgment or proof,
and shall note on the record of the mortgage the book and page
containing such record of such certificate or certificates or the serial
number of such record in the minute of the discharge of such mortgage,
made by the officer upon the record thereof. The provisions of this
paragraph shall not apply to the county of Suffolk, if the block method
of index is in use, or a separate index of satisfactions recorded is
maintained.

(b) The recording officer shall also record every other instrument
relating to a mortgage which is presented to him, acknowledged or proved
in like manner as to entitle a conveyance to be recorded, including
certificates purporting to discharge a mortgage or an interest therein
which are signed by persons other than those specified in the first
subdivision of this section, and also including, but not limited to,
assignments, releases, partial discharges, reductions, estoppel
certificates, extensions, discharges of partial interest and partial
discharges of partial interest, regardless by whom any such instrument
has been executed. When any such instrument has been recorded, the
recording officer, except in counties where the block method of indexing
is in use, or in Suffolk county, if a separate index of said instruments
is maintained, shall enter a minute upon the record of the mortgage to
which such instrument relates, indicating the nature of such instrument
and the book and page where it has been recorded or the serial number of
such record.

3. Every certificate presented to the recording officer shall be
executed and acknowledged or proved in like manner as to entitle a
conveyance to be recorded. If the mortgage has been assigned, in whole
or in part, the certificate shall set forth the date of each assignment
in the chain of title of the person or persons signing the certificate,
the names of the assignor and assignee, the interest assigned, and, if
the assignment has been recorded, the book and page where it has been
recorded or the serial number of such record; or if the assignment is
being recorded simultaneously with the certificate of discharge, the
certificate of discharge shall so state. If the mortgage has not been
assigned of record, the certificate shall so state.

No certificate presented to the recording officer shall purport to
discharge more than one mortgage, except that one certificate may
purport to discharge two or more mortgages where the certificate states
that one of such mortgages corrects, perfects or modifies the other
mortgage or mortgages, or spreads the lien of the other mortgage or
mortgages over the property subject to the lien of such mortgage, or
consolidates the lien of the other mortgage or mortgages with the lien
of such mortgage to constitute a single lien, or where the certificate
states that the liens of the mortgages which the certificate purports to
discharge have been so spread or so consolidated by a separate
instrument and such instrument has been recorded; provided that in such
case the certificate of discharge shall identify and describe each
mortgage which it purports to discharge, in a separate paragraph, in the
same manner and with the same particularity, and setting forth the same
information with respect to assignments thereof, as would be required
for a separate certificate discharging that mortgage, and shall also
state, in a separate paragraph for each instrument, the date of any such
separate instrument by which the liens of the mortgages have been spread
or consolidated, the names of the parties thereto, and the book and page
where it has been recorded or the serial number of such record. In any
such case, except where otherwise expressly provided by law, the fee or
fees which the recording officer is entitled to receive for filing and
entering a certificate of discharge of a mortgage and examining
assignments of such mortgage shall be payable with respect to each
mortgage which the certificate purports to discharge, to the same extent
as if a separate certificate of discharge had been filed for such
mortgage.

4. After the record of the mortgage has been marked with the word
"discharged," the recording officer shall make and deliver to any person
tendering the lawful fees therefor, his certificate setting forth the
names of the mortgagor and the mortgagee, the book and page at which,
the date when such mortgage was recorded, and the date on which the
record of such mortgage was so marked, except in a county where
recording is done by microphotography or photostating in the manner
permitted by law, in which case, after microphotography or photostating,
such certificate of discharge and the certificates of its acknowledgment
or proof shall, in lieu of filing as provided in paragraph (a) of
subdivision two of this section, be returned to the party leaving same
for record.

5. The term "personal representative" as used in this section shall
include the following:

(a) An executor, administrator or voluntary administrator or one of
two or more executors, administrators or voluntary administrators,
whether domestic or foreign, including the public administrator, and an
ancillary administrator appointed in this state. A certificate executed
by any such personal representative shall recite the name of the court
and the venue of the proceedings in which his letters testamentary or of
administration were issued.

(b) All of the distributees of a person dying intestate for whom no
administrator shall have been appointed, provided that two years shall
have elapsed since the date of death of such intestate. A certificate
executed by such distributees shall recite the date of death of the
intestate, his place of residence at the time of death, the fact that he
died intestate, that no administrator has been appointed and that they
constitute all the distributees of the intestate.

6. The provisions of this section authorizing the recording officer to
mark on the record of a mortgage the word "discharged" shall not be
deemed to enlarge, diminish or alter the legal effect which a
certificate executed by any person or persons, or any payment made by
the mortgagor or other transaction with respect to the mortgage or the
mortgage debt, would otherwise have upon the rights of the mortgagor or
of any person claiming a right or interest in the mortgage, the mortgage
debt or the property subject to the mortgage.

7. In a county in which recording is accomplished by microfilm process
and in which a block index of mortgages is also maintained it will not
be necessary to mark the record of the mortgage "discharged", but it
will be deemed sufficient compliance with this section if there is
entered upon the block index of such mortgage the date of filing and the
serial number of the certificate effecting the discharge.

7-a. If in any county, recording is accomplished by microfilm process
and a separate index for satisfactions recorded is maintained or in
which a block index of mortgages is also maintained it will not be
necessary to mark the record of the mortgage "discharged", but it will
be deemed sufficient compliance with this section if there is entered
upon the index of such mortgage the date of filing and the serial number
of the certificate effecting the discharge.

8. Certificates of discharge of mortgage and certificates of their
acknowledgment or proof heretofore or hereafter recorded and filed, may
be returned personally or by mail to the party leaving same for record
or destroyed after microfilming or photostating where proper indices are
maintained.