ยง 291. Recording of conveyances. A conveyance of real property, within
the state, on being duly acknowledged by the person executing the same,
or proved as required by this chapter, and such acknowledgment or proof
duly certified when required by this chapter, may be recorded in the
office of the clerk of the county where such real property is situated,
and such county clerk or city registrar where applicable shall, upon the
request of any party, on tender of the lawful fees therefor, record the
same in said office. Every such conveyance not so recorded is void as
against any person who subsequently purchases or acquires by exchange or
contracts to purchase or acquire by exchange, the same real property or
any portion thereof, or acquires by assignment the rent to accrue
therefrom as provided in section two hundred ninety-four-a of this
article, in good faith and for a valuable consideration, from the same
vendor or assignor, his distributees or devisees, and whose conveyance,
contract or assignment is first duly recorded, and is void as against
the lien upon the same real property or any portion thereof arising from
payments made upon the execution of or pursuant to the terms of a
contract with the same vendor, his distributees or devisees, if such
contract is made in good faith and is first duly recorded.
Notwithstanding the foregoing, any increase in the principal balance of
a mortgage lien by virtue of the addition thereto of unpaid interest in
accordance with the terms of the mortgage shall retain the priority of
the original mortgage lien as so increased provided that any such
mortgage instrument sets forth its terms of repayment. The clerk of the
county or city registrar where such conveyance of residential real
property is recorded and maintained shall mail a written notice of such
conveyance to the owner of record. The notice shall have the heading
printed in 20 point bold type and read as follows:
"NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for
residential property:
Block #__________ Lot #________
Located At: ___________________________
street address
in the county of __________________ New York
On ____________, documents were filed at this
date
office to change ownership and transfer title of your property.
To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and
wish to dispute the recording of the transfer, you should obtain legal
counsel. If you believe you are a victim of a crime related to this
recording, contact your local law enforcement agency or, if in the City
of New York, the office of the sheriff."
The party seeking to record such conveyance shall bear the cost of such
written notice. The clerk of the county or city registrar is entitled to
charge a reasonable fee to cover the cost of mailing the envelope to the
owner of record. Failure to mail such notice or the failure of any party
to receive the same, shall not affect the validity of the conveyance of
the property.
Structure New York Laws
Article 9 - Recording Instruments Affecting Real Property
290 - Definitions; Effect of Article.
291 - Recording of Conveyances.
291-C - Recording Memoranda of Leases.
291-CC - Recording Modifications of Leases.
291-F - Rights Where Recorded Mortgage Restricts Landlord's Action in Respect to Leases.
291-G - Recording Insurance Information.
291-H - Recording of Liens by the State.
291-I - Validity of Electronic Recording.
291-J - Recording of Declarations by the New York State Energy Research and Development Authority.
292 - By Whom Conveyance Must Be Acknowledged or Proved.
293 - Recording of Conveyances Heretofore Acknowledged or Proved.
294 - Recording Executory Contracts and Powers of Attorney.
294-A - Recording Assignments of Rent.
294-B - Recording Brokers Affidavit of Entitlement to Commission for Completed Brokerage Services.
295 - Recording of Letters Patent.
296 - Recording Copies of Instruments Which Are in Secretary of State's Office.
297 - Certified Copies May Be Recorded.
297-A - Recording of Certified Copies of Bankruptcy Papers; Constructive Notice.
297-B - Recording of Certified Copies of Judgments Affecting Real Property.
298 - Acknowledgments and Proofs Within the State.
300 - Acknowledgments and Proofs by Persons in or With the Armed Forces of the United States.
301 - Acknowledgments and Proofs in Foreign Countries.
302 - Acknowledgments and Proofs by Married Women.
303 - Requisites of Acknowledgments.
304 - Proof by Subscribing Witness.
305 - Compelling Witnesses to Testify.
306 - Certificate of Acknowledgment or Proof.
307 - When Certificate to State Time and Place.
308 - When Certificate Must Be Under Seal.
309-B - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.
310 - Authentication of Acknowledgments and Proofs Made Within the State.
311 - Authentication of Acknowledgments and Proofs Made Without the State.
312 - Contents of Certificate of Authentication.
314-A - Proof When Witnesses Are Dead.
316-A - Indexing and Reindexing Conveyances, Mortgages and Other Instruments.
316-B - Inactive Hazardous Waste Disposal Site Registry Index.
318 - Certificate to Be Recorded.
320 - Certain Deeds Deemed Mortgages.
321 - Recording Discharge of Mortgage.
321-A - Recording Discharge of Rent Assignment.
324 - Effect of Recording Assignment of Mortgage.
325 - Recording of Conveyances Made by Treasurer of Connecticut.
326 - Revocation to Be Recorded.
327 - Penalty for Using Long Forms of Covenants.
328 - Certain Acts Not Affected.
329 - Actions to Have Certain Instruments Canceled of Record.
329-A - Lapse of Oil and Gas Interest Within Allegany State Park.
330 - Officers Guilty of Malfeasance Liable for Damages.
332 - The Record of Certain Conveyances Validated.
332-B - The Record of Certain Other Conveyances Validated.
333 - When Conveyances of Real Property Not to Be Recorded.
333-A - Same; Maps to Be Filed.
333-B - Recording of Maps or Plot Plans.
333-C - Lands in Agricultural Districts; Disclosure.
334 - Maps to Be Filed; Penalty for Nonfiling.
334-A - Filing of Subdivision Maps in Nassau County; Penalty for Non-Filing.
335 - Filing of Maps and Abandonment of Subdivisions in Suffolk County; Penalty for Nonfiling.
335-A - Easements of Necessity.
335-B - Recording of Solar Energy Easements.
336 - Effect of Recording Demands or Requirements of Noncitizen Property Custodian.