New York § 420 Enforcement of mortgages, charges, liens and incumbrances

New York Statutes

§ 420 — Enforcement of mortgages, charges, liens and incumbrances

New York § 420

Law RPPReal Property

Art. 12Registering Title to Real Property

This text of New York § 420 (Enforcement of mortgages, charges, liens and incumbrances) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property § 420 (2026).

Text

  § 420. Enforcement of mortgages, charges, liens and incumbrances. All\ncharges, liens and incumbrances on registered property, or on any\nestate, right or interest in the same, and all rights therein may be\nenforced as now allowed by law; and all laws with reference to the\nforeclosure, release or satisfaction of mortgages shall apply to\nmortgages on registered property or on any estate, right or interest\ntherein, except as herein otherwise provided, and except that until\nnotice of the pendency of any suit to enforce such mortgage, charge,\nlien or incumbrance is filed in the registrar's office and a memorial\nthereof entered on the certificate in the title book, the pendency of\nsuch suit shall not be notice to the registrar or to any person dealing\nwith the property or any right o

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§ 420. Enforcement of mortgages, charges, liens and incumbrances. All\ncharges, liens and incumbrances on registered property, or on any\nestate, right or interest in the same, and all rights therein may be\nenforced as now allowed by law; and all laws with reference to the\nforeclosure, release or satisfaction of mortgages shall apply to\nmortgages on registered property or on any estate, right or interest\ntherein, except as herein otherwise provided, and except that until\nnotice of the pendency of any suit to enforce such mortgage, charge,\nlien or incumbrance is filed in the registrar's office and a memorial\nthereof entered on the certificate in the title book, the pendency of\nsuch suit shall not be notice to the registrar or to any person dealing\nwith the property or any right or interest therein. Upon the sale under\nforeclosure or other action or proceeding directing the sale of real\nproperty, the title to which is then a registered title, it shall be the\nduty of the officer making the sale to report such sale to the justice\nassigned to the "title part" of the special term, who shall thereupon\ndesignate an official examiner of title to examine into the action or\nproceeding or any other fact or circumstance affecting the title since\nthe last registration thereof. The examiner of title shall prepare his\nreport immediately and shall file one copy with the court designating\nhim and one copy with the officer making the sale. The officer making\nthe sale shall not deliver a deed of the property sold until the\nexaminer's report is filed with him showing the regularity of the acts\nand proceedings subsequent to the last registration of title. The\njustice of the "title part" shall upon the production of the deed from\nthe officer making the sale and upon the report of the examiner approve\nsaid deed and make an order directing the registrar to register the\ntitle accordingly. The fees for the services of the official examiner\nunder this section shall not exceed the sum of five dollars unless an\nadditional allowance is directed by the justice of the "title part."\n