§ 404-A — Withdrawal from registration in certain instances

§ 404-a. Withdrawal from registration in certain instances.\nNotwithstanding the provisions of section four hundred four of this\nchapter, a title to real property which has been duly registered as\nprovided by article twelve thereof may be withdrawn from such\nregistration upon application to the supreme court by the owner of the\nfee title to the property. An application for such withdrawal from\nregistration may be filed with the registrar of the county in which the\ntitle is then registered and shall be entitled "in the matter of the\napplication of (stating the name of the registered owner) for the\nwithdrawal from registration of the title to certain lands." Such\napplication, in such form as may be approved by the registrar, must be\nmade by the registered owner of the fee of the real property. It shall\nset forth and recite in detail the name and postoffice address of the\nregistered owner, the number of the certificate of title last issued,\nthe date of the last registration of the title, a description of the\nreal property as stated in the certificate of title together with a\nreference to the proper section, block and lot numbers if any, a\ncomplete recital of all memorials entered on the certificate of title,\nthe names and addresses of all persons owning any incumbrance, charge,\ntrust or lien on the premises, a statement of all unpaid taxes,\nassessments and water rates due and payable, a statement of the\ncircumstances existing which render continued registration of the title\nimpracticable and inexpedient, and a prayer for the withdrawal from\nregistration. The application shall be duly verified and executed in\nduplicate. The registrar shall file one copy as a document in his office\nand enter the same as a memorial on the certificate of title to which it\nrelates. The other copy shall be delivered to an official examiner of\ntitle who shall forthwith proceed to examine the title since the date of\nthe first or initial registration thereof and investigate the facts set\nforth in the application. Thereafter he shall make a report in writing\nto the supreme court of his findings and a recommendation as to the\nproper disposition of the application. The registrar shall set down a\ndate for hearing on the application in the "title part" of a special\nterm of the supreme court, which date shall be not less than twenty days\nafter the filing of the application; and he shall notify by certified\nmail demanding a personally signed return receipt card all persons or\nparties who appear by the report of the official examiner of title to\nhave any interest in or incumbrance, charge, trust, or lien upon the\nsaid real property. At the hearing any of the parties in interest may\nappear and consent or object to the granting of the prayer of the\napplication. Whether granted or denied, the supreme court shall enter an\norder disposing of the application and after such order is filed with\nthe clerk of the county a transcript or certified copy of the same shall\nbe filed with the registrar and by him entered as a memorial on the\ncertificate of title. When the order of the supreme court grants a\nwithdrawal from registration of a title to real property as herein\nprovided, the registered owner thereof shall forthwith deliver to the\nregistrar and surrender his owner's duplicate certificate of title, or\nif the same has been lost or destroyed a new owner's duplicate\ncertificate of title obtained as provided in section four hundred\nfourteen of this chapter. The registrar shall then cause the owner's\nduplicate certificate of title to be recorded in the office of the\nrecording officer of the county in which the real property is located,\nand thereafter permanently filed in his own office. A certified copy of\nthe record shall be delivered to the registered owner as his future\nevidence of title.\n The recording of the owner's duplicate certificate of title shall be\nnotice of the recitals and matters therein contained, and shall also be\nnotice of the fact that the title to the real property therein described\nis no longer registered nor subject to the provisions of article twelve\nof this chapter. From the time of such recording and until any future or\nfurther registration of the title thereof, said property shall be and\nbecome as to all matters subsequent to the time of such recording\nsubject to all provisions of law relating to real property the title to\nwhich has not at any time been registered.\n The final order and judgment of registration by the court pursuant to\nwhich the aforesaid title to real property was originally registered\nshall continue to be binding and conclusive as a decree or judgment of\nthe supreme court in the same manner and to the same extent and be of\nthe same force and effect as if the said title had not been withdrawn\nfrom registration in accordance with the provisions of this section.\n The fee of the registrar for all services rendered by him and by the\nofficial examiner of title pursuant to this section shall be the sum of\none hundred dollars payable at the time of filing of the application for\nwithdrawal from registration, and one-half of the said fee shall be\ntransferred by the registrar to the assurance fund provided for by\nsection four hundred and twenty-six of this chapter. In addition thereto\nthe applicant shall pay to the registrar and the official examiner of\ntitle, their necessary expenses and disbursements incurred in connection\nwith the withdrawal of the title from registration.\n