New York Laws
Article 420 - Fines, Restitution and Reparation
420.45 - Post-Trial Motion Relating to Certain Instruments Affecting Residential Real Property.

residential real property.

1. When a defendant has been convicted after a trial or pled guilty to
violating either section 175.30 or 175.35 of the penal law in connection
to an instrument that is material to the transfer or purchase of
residential real property, the district attorney may file a motion in
the supreme court in the county where the property that is subject to
the instrument is located on behalf of the victim to void the instrument
that is the subject of such criminal information or indictment. Such
motion must be in writing and provide reasonable notice to all persons
who have an interest in the property affected by such instrument. The
motion papers must state the county or borough, if in the city of New
York, and block, lot, street address of such property, and a description
of such property. The motion papers must state the grounds of the
motion, must contain sworn allegations of fact supporting such grounds,
and include a copy of the guilty disposition attached to the document.

2. Within ten days after filing a motion pursuant to subdivision one
of this section, the district attorney shall record a copy of the notice
of motion in the office of the clerk of the county in which the property
is situated. The notice shall be indexed by the clerk in the manner
prescribed by subdivision (c) of rule sixty-five hundred eleven of the
civil practice law and rules for a notice of pendency of action and
shall have the same effect as such notice.

3. The supreme court must conduct a hearing and make findings of fact
essential to the determination whether to declare the instrument
described in subdivision one of this section void ab initio. All persons
providing factual information at such hearing must testify under oath.
There will be a rebuttable presumption that where a party is convicted
after a trial in criminal court or a guilty plea to either section
175.30 or section 175.35 of the penal law in connection with an
instrument that is material to the transfer or sale of residential real
property, that such instrument is void ab initio.

4. Upon the defendant's conviction of or guilty plea to section 175.30
or section 175.35 of the penal law as described in subdivision one of
this section, and after conducting a hearing pursuant to subdivision
three of this section, a court shall make a determination and if
appropriate shall order that the instrument described in subdivision one
of this section be declared void ab initio or grant other appropriate
relief to the victim. The order of the court shall describe the nature
of the false statement or false information contained in such
instrument. A copy of such instrument shall be attached to the order of
the court.

5. If the order relates to an instrument that has been filed with,
registered, or recorded in a public office, the district attorney shall
record a certified copy of such order in the office of the recording
officer of the county in which such property is situated, in the same
manner as a conveyance duly acknowledged or proved and certified so as
to entitle it to be recorded. Such recording officer shall record the
same in his or her said office.

6. For purposes of this section, "all persons who have an interest in
the property affected by such instrument" shall mean all parties who
have recorded an instrument affecting the real property that is the
subject of the instrument described in subdivision one of this section,
including any party or entity that may have liens of interest on the
property, and any current residents of the property, as of the date of
the filing of the criminal information or indictment.

7. Nothing in this section shall be deemed to inhibit or prevent a
party's right to appeal such order.

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