§ 392 — Fraud; action to set aside or appeal from the final order or judgment of registration or to recover the property

New York § 392

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12: Registering Title to Real Property

Text

§ 392. Fraud; action to set aside or appeal from the final order or\njudgment of registration or to recover the property. Any title\nregistration procured by or as the result of fraud may be set aside, in\nthe same manner and by the same proceedings as in the case of a deed\nobtained by fraud, provided that such proceedings for setting aside the\nregistration shall not injuriously affect the rights of an innocent\npurchaser or incumbrancer of the property after such registration, for\nvalue and without actual notice of the fraud, and provided further that\nthe action or other proceeding to set aside such registration be\ncommenced within ten years from the time when the final order or\njudgment of registration was filed in the office of the county clerk of\nthe county in which the property is located. No action or proceeding or\nappeal shall lie or be commenced, except on the ground of fraud as above\nstated, to set aside or appeal from any final order or judgment of\nregistration or to modify or affect the same or for the recovery of\nregistered property or any estate, right or interest in or lien upon the\nsame or any part thereof, or to make any entry thereon, adversely to the\ntitle or interest registered therein, as directed by a final order or\njudgment of registration of the court, unless such action or proceeding\nor appeal is commenced or taken within thirty days after a certified\ncopy of such final order or judgment of registration is filed in the\noffice of the registrar of the county in which the property is located.\n