ยง 320. Certain deeds deemed mortgages. A deed conveying real property,
which, by any other written instrument, appears to be intended only as a
security in the nature of a mortgage, although an absolute conveyance in
terms, must be considered a mortgage; and the person for whose benefit
such deed is made, derives no advantage from the recording thereof,
unless every writing, operating as a defeasance of the same, or
explanatory of its being desired to have the effect only of a mortgage,
or conditional deed, is also recorded therewith, and at the same time.
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.