§ 422 — Reference of doubtful matters to the court

New York § 422

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

Text

§ 422. Reference of doubtful matters to the court. When the registrar\nis in doubt, and the parties in interest fail to agree as to the proper\nmemorial to be made in the title book of any deed, mortgage or other\nvoluntary instrument presented for registration, the questions shall be\nreferred to the court for decision, either on the certificate of the\nregistrar stating the question, or upon the suggestion in writing of any\nparty or parties in interest; and the court, after due notice to all\nparties in interest, and a hearing, if necessary or proper, shall enter\nan order prescribing the form of the memorial to be made by the\nregistrar, who shall make the memorial accordingly. In any judicial\nproceeding affecting property, the title to which is then a registered\ntitle, the court upon the application in writing of any party or parties\nin interest after due notice to all other parties in interest and a\nhearing, if necessary or proper, shall enter an order prescribing the\nform of any memorial that should be made by the registrar in the title\nbook because or as the result of such proceeding; and the registrar,\nupon the production of a certified copy of such order, shall make the\nproper memorial in accordance with such order. After making such\nmemorial in the title book the registrar shall also make all other\nmemorials on existing certificates or make and deliver any new\ncertificates according to the circumstances and in the manner required\nherein.\n