ยง 392. Fraud; action to set aside or appeal from the final order or
judgment of registration or to recover the property. Any title
registration procured by or as the result of fraud may be set aside, in
the same manner and by the same proceedings as in the case of a deed
obtained by fraud, provided that such proceedings for setting aside the
registration shall not injuriously affect the rights of an innocent
purchaser or incumbrancer of the property after such registration, for
value and without actual notice of the fraud, and provided further that
the action or other proceeding to set aside such registration be
commenced within ten years from the time when the final order or
judgment of registration was filed in the office of the county clerk of
the county in which the property is located. No action or proceeding or
appeal shall lie or be commenced, except on the ground of fraud as above
stated, to set aside or appeal from any final order or judgment of
registration or to modify or affect the same or for the recovery of
registered property or any estate, right or interest in or lien upon the
same or any part thereof, or to make any entry thereon, adversely to the
title or interest registered therein, as directed by a final order or
judgment of registration of the court, unless such action or proceeding
or appeal is commenced or taken within thirty days after a certified
copy of such final order or judgment of registration is filed in the
office of the registrar of the county in which the property is located.
Structure New York Laws
Article 12 - Registering Title to Real Property
370 - Petition to Register Title to Real Property.
371 - Petitions and Proceedings to Be in Supreme Court; Title Part of Special Term.
372 - County Clerks and Registers to Be Registrars of Title.
374 - Deputy Registrars' Powers and Duties.
376 - Disposition of Fees Received by Registrar.
377 - Official Examiners of Title.
378 - What Owners May Apply; What Titles May Be Registered.
379 - Contents of Petition for Registration; Other Papers to Be Filed.
380 - Official Examiner's Report of Title; Other Evidences of Title.
381 - Survey, Map or Plan to Be Filed.
382 - Notice of Petition and of Pendency of Proceeding.
385 - Proceedings Upon the Petition; Notice of Hearing.
386 - Form of Notice to Parties.
389 - Any Person Interested May Appear and Defend.
390 - Title in Lands Vested; Clouds Thereon Removed.
391 - Final Orders Conclusive; to Be Entered and Docketed as a Judgment.
396 - Duplicate Certificate of Title.
398 - Certificate to Include Dealings Pending Registration.
399 - Certificate of Title as Evidence.
400 - Rights of Owners of Registered Property; Exceptions; Incumbrances and Transfers to Be Filed.
401 - Registered Property Not Affected by Prescription or Adverse Possession.
402 - Fraud; Notice Only by Registration.
403 - Memorial to Be Carried Forward.
404 - Registered Property to Remain Registered.
404-A - Withdrawal From Registration in Certain Instances.
405 - Registered Property Subject to Same Rights and Burdens as Unregistered Property.
406 - Transfers of Registered Property.
407 - Certificate as to Part of Property Remaining After Transfer.
409 - Filing, Entering and Indexing Papers Pursuant to This Act; Tickler Certificate.
409-A - Entries in Other Indexes.
411 - Addresses of Interested Parties; Notice.
412 - When a Transfer Is Deemed to Be Registered.
413 - New Certificates of Title.
414 - Loss of Duplicate Certificate.
415 - Mortgages, Leases and Other Liens and Charges; May Be Registered.
416 - Proceedings to Register Mortgage, Lease or Other Lien or Charge.
417 - Judgments, Decrees, Attachments and Other Liens to Be Noted on Certificate.
418 - Assignment of Mortgage, Lease, or Other Lien or Charge.
419 - Release, Discharge or Surrender of Charge or Incumbrance.
420 - Enforcement of Mortgages, Charges, Liens and Incumbrances.
421 - Powers of Attorney to Be Filed and Registered.
422 - Reference of Doubtful Matters to the Court.
423 - Death of Owner of Registered Property; Transfer of Property.
423-A - Form for Transfer of Property Upon Death of Owner of Registered Property.
427 - Compensation From Assurance Fund.
428 - Action Against Assurance Fund.
429 - Restrictions on Claims Against Assurance Fund.
430 - Penalties for Fraudulent Acts or False Certificates.
431 - Forgery and Fraudulent Stamping; Penalty.
433 - Construction of Article.
434 - Form for Official Examiner's Report of Title.