§ 291 — Recording of conveyances

New York § 291

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9: Recording Instruments Affecting Real Property

Text

§ 291. Recording of conveyances. A conveyance of real property, within\nthe state, on being duly acknowledged by the person executing the same,\nor proved as required by this chapter, and such acknowledgment or proof\nduly certified when required by this chapter, may be recorded in the\noffice of the clerk of the county where such real property is situated,\nand such county clerk or city registrar where applicable shall, upon the\nrequest of any party, on tender of the lawful fees therefor, record the\nsame in said office. Every such conveyance not so recorded is void as\nagainst any person who subsequently purchases or acquires by exchange or\ncontracts to purchase or acquire by exchange, the same real property or\nany portion thereof, or acquires by assignment the rent to accrue\ntherefrom as provided in section two hundred ninety-four-a of this\narticle, in good faith and for a valuable consideration, from the same\nvendor or assignor, his distributees or devisees, and whose conveyance,\ncontract or assignment is first duly recorded, and is void as against\nthe lien upon the same real property or any portion thereof arising from\npayments made upon the execution of or pursuant to the terms of a\ncontract with the same vendor, his distributees or devisees, if such\ncontract is made in good faith and is first duly recorded.\nNotwithstanding the foregoing, any increase in the principal balance of\na mortgage lien by virtue of the addition thereto of unpaid interest in\naccordance with the terms of the mortgage shall retain the priority of\nthe original mortgage lien as so increased provided that any such\nmortgage instrument sets forth its terms of repayment. The clerk of the\ncounty or city registrar where such conveyance of residential real\nproperty is recorded and maintained shall mail a written notice of such\nconveyance to the owner of record. The notice shall have the heading\nprinted in 20 point bold type and read as follows:\n"NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.\nTo:______________________________\n Name of owner of record\nOur records show that you are listed as the current owner of record for\nresidential property:\nBlock #__________ Lot #________\nLocated At: ___________________________\n street address\nin the county of __________________ New York\nOn ____________, documents were filed at this\n date\noffice to change ownership and transfer title of your property.\nTo: ______________________________\n name of new owner\nIf you have any questions regarding the validity of the documents, and\nwish to dispute the recording of the transfer, you should obtain legal\ncounsel. If you believe you are a victim of a crime related to this\nrecording, contact your local law enforcement agency or, if in the City\nof New York, the office of the sheriff."\nThe party seeking to record such conveyance shall bear the cost of such\nwritten notice. The clerk of the county or city registrar is entitled to\ncharge a reasonable fee to cover the cost of mailing the envelope to the\nowner of record. Failure to mail such notice or the failure of any party\nto receive the same, shall not affect the validity of the conveyance of\nthe property.\n