The New York herald., 1920-01-25
STRIVE TO AMEND
THE TORRENS LAW
Changes introduced in Assembly to
Make Title Registration More
Generally Used.
BY JOHN J. HOPPER.

| Amendments have been prepared for
presentation to the Legislature at its pres
ent session to perfect the Torrens law to
follow the model of the successful laws OF
Massachusetts. Illinois and other States
and the acts of the United States govern
ment for the Philippine Islands and
Hawaii.
The 1920 amendments contain two amend
ments which passed the Assembly last
year, but which were held in the commit
tee and did not reach vote in the Senate
In addition the new ones offer some inn
provements in procedure by providing for
appearance of parties and for giving no
tice of the entry OF final Judgment. They
certificate of title" The proposed amend
ments cover the following points,
% Place the county back OF the accur-
ance fund d:-This is necessary in order TO
give the public confidence in the system.
especially when 1t is in its beginning and
follows all other successful Torrens laws.
(2) Eliminate the title companies from
acting in place of the official examiners
Of title-This is necessary result of the
first amendment because the county cam
not be made financially responsible except
upon work done by its own officials.
(3) Amendments to procedure which in
clude:-(a) Appearance of parties to be
made by filing a notice with the County
Clerk and Register (b) Notice of the fill
ing of the final judgment Of registration
to be sent by the Registrar by registered
mail to each party who has appeared. (c)
Time Of appeal &c. extended to run thirty
days from the time the final Judgment is
filed in the Registers office (d) Two or
three clerical corrections in matter OF
form.
| C) A mortgages duplicate certificate
OF title to be Issued to the holder OF a
registered mortgaCe:-This provision Is
modelled after a recent amendment TO the
j Illinois law which has proved of great
I benefit to owners in procuring loans. The
present New York law gives full protection
! to a mortgagee by registering the mort
gage on the original title certificate show
ing its priority and provides for regstra-
ton COPY of the mortgage 20 be given to
the mortgagee The regstrat tion copy OF
the mortgage. however. does not show the
full status of the title with the priorities
~ the various liens and II has been found
that mortgage very reasonably desires
: certificate OF title in his own hands that
shows his ownership OF the mortgage and
'ts priority
The mortgagee's duplicate Of the GER
tificate OF title has the same force and
effect as the owners duplicate. The mort
gage cannot be assigned or discharged
except upon the production of the mort
gagee's duplicate certificate and In case
OF the transfer OF the land a notice Of
the fact is sent by registered mail TO the
holder OF the mortgage. These provisions
give mortGaSces absolute protection in
their security.
/ The present New York Torrens law un-
der the simple Massachusetts form Of
procedure which was adopted in 1918 Is
proving successful and titles are being
registered in increasing numbers.
The city or New York has provided
salaried places beginning January !. 1870.
for the official examiners of titles in the
four counties OF New York. Bronx, Kings
and Queens. The salary is $500 a year.
The lack OF official examiners directly
employed in the Registrars office has
heretofore been handicap in the work
and in these four important counties II
is expected that title registration will
now jump ahead making Il all the moro
necessary that the statute should be made
perfect ip every detail. The amendments
have been introduced by Assemblyman
Martin Bourke.