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Section 1911 - Action to extinguish inchoate right of dower1. An owner of land subject to an inchoate right of dower may maintain an action in the supreme court against the possessor of such right to have the right extinguished. In such action the court shall find the present cash value of the inchoate right of dower according to the law applicable to annuities and survivorships. It shall also determine whether the payment to the defendant of the sum found, in lieu of her right, would be unduly prejudicial to her. If the court determines that such payment would not be unduly prejudicial, the court, upon proof of payment of such sum to the defendant or upon payment into court for her credit, shall make an order declaring the inchoate right of dower extinguished.2. Nothing herein contained shall be construed to affect section 967 or article 17 of this chapter, or section two hundred and forty-eight of the surrogate's court act.
N.Y. Real Prop. Acts. Law § 1911
THIS NOTICE IS MADE UNDER SECTION 1921 OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW. FAILURE TO FILE WITH THIS OFFICE WITHIN THIRTY DAYS OF THIS NOTICE A VERIFIED OBJECTION TO THE DISCHARGE OF THE MORTGAGE DESCRIBED IN THIS NOTICE WILL RESULT IN SUCH MORTGAGE BEING CANCELED AND DISCHARGED OF RECORD. Unless the register or clerk of such county shall receive from the mortgagee, within thirty-five days of the date of filing of such affidavit, a verified objection by the mortgagee to the discharge of said mortgage, the register or clerk shall record the affidavit and supporting documents and mark the mortgage described in the affidavit canceled and discharged of record and such recorded affidavit shall have the same force and effect as a duly executed satisfaction of mortgage recorded in accordance with section three hundred twenty-one of the real property law. If the register or clerk of such county shall receive from the mortgagee, within thirty-five days of the date of filing of such affidavit, a verified objection by the mortgagee to the discharge of said mortgage, the register or clerk shall return the original affidavit and the verified objection to the attorney filing such affidavit without marking the mortgage described in the affidavit canceled or discharged of record. The clerk or register of such county shall additionally transmit a copy of the affidavit and the verified objection to its applicable appellate division of the supreme court, committee on professional standards, for such further proceedings as determined appropriate by such committee.
Canceled and discharged by order of the .......................... Court, County of ......................., dated .................. and filed ......................., and thereupon the lien of such mortgage shall be deemed to be discharged and the debt secured thereby shall be deemed to be canceled. Said register or clerk shall be permitted to charge for recording and filing said order and receipt, the same fees to which he is now entitled for recording and filing a certificate of satisfaction of a mortgage.
9. When used in this section:(a) Mortgagee means (i) the current holder of the mortgage of record or the current holder of the mortgage, or (ii) any person to whom payments are required to be made or (iii) their personal representatives, agents, successors, or assigns. (b) Attorney-at-law means any person admitted to practice law in this state and in good standing.(c) Payoff statement means a statement setting forth the unpaid balance of the mortgage, including principal, interest and other charges pursuant to the loan documents, together with a per diem rate for interest accruing after the date to which the unpaid balance has been calculated. The payoff statement furnished by a banking organization or corporate mortgagee shall include a name of an individual employed by such banking organization or corporate mortgagee or department of such banking organization or corporate mortgagee to whom inquiry concerning the payoff statements are to be addressed in addition to the address of the banking organization or corporation for use in connection with the affidavit under subdivision five of this section.(d) Banking organization shall have the same meaning as provided in subdivision eleven of section two of the banking law and shall include any institution chartered or licensed by the United States or any state.(e) Note shall include any written evidence of indebtedness.
N.Y. Real Prop. Acts. Law § 1921
Part of the premises herein described have been released from lien of this mortgage by order of the__________________court, County of ___________, dated___________and filed____________a description of the property so released being contained in such order and thereupon the lien of such mortgage shall be deemed to be released as to the premises so described in such order and the debt or obligation secured thereby shall be deemed to be reduced as provided in such order. Said register or clerk shall be permitted to charge for recording and filing said order and receipt, the same fees to which he is entitled for recording and filing a certificate of release of lien of mortgaged premises.
7. The word mortgagee whenever used in this section shall be construed to include the persons entitled to enforce or satisfy the mortgage and the personal representatives, successors and assigns, of such persons.8. Nothing contained in this section shall limit or abridge any rights or remedies otherwise available at law or in equity to the owner of the mortgaged premises or any other person having an interest in such mortgaged premises.
N.Y. Real Prop. Acts. Law § 1921-A
Section 1931 - Discharge of record of ancient mortgages presumed paid1. The mortgagor, his heirs or any person having any interest in any lands described in any mortgage of real estate in this state, which is recorded in this state, or mentioned in a deed recorded in this state, and which, from the lapse of time, is presumed to be paid, or in any moneys into which said lands have been converted under a decree of a court of competent jurisdiction, and which are held in place of such lands to answer such mortgage, may present his petition together with an official search of the recording officer in whose office the mortgage is recorded, or a search prepared by a person duly licensed and admitted to practice law in this state or by a title company duly incorporated and authorized to transact business in this state showing assignments of record, if any, to the courts mentioned in this article, asking that such mortgage may be discharged of record.2. Such petition shall be verified; it shall describe the mortgage, and when and where recorded, or if such mortgage is not recorded that the same may be adjudged to have been paid and to be no longer a lien upon the lands therein described, and shall allege that such mortgage is paid; that the mortgagee has, or, if there be more than one mortgagee, that all of them have been dead for more than five years; or if such mortgage has been assigned by an instrument in writing for that purpose executed and acknowledged, so as to entitle the same to be recorded, and such instrument of assignment has been recorded in the office of the clerk of the county where the mortgaged premises or some portion thereof is situated, and the assignee or assignees of said mortgage have been dead for more than five years, such petition shall state such facts, and no statement respecting the mortgagee or mortgagees or the names and places of residence of their heirs shall be required; or if such mortgagee be a corporation or association, that such corporation or association has ceased to exist and do business as such for more than five years; the time and place of his or their death, and place of residence at the time of his or their death; whether or not letters testamentary or of administration have been taken out, or, if said mortgagee or mortgagees, or assignee or assignees at the time of his or their death resided out of this state, whether or not letters testamentary or of administration have been taken out in the county where such mortgaged premises are situated; or if a corporation or association, its last place of business; the names and places of residence, as far as the same can be ascertained, of the heirs of such mortgagee or mortgagees, or assignee or assignees; or, if such mortgagee be a corporation or association, then the names of one or more of the receivers, if any were appointed, or of the person who has the care of the closing up of the business of such corporation or association, and that such mortgage has not been assigned or transferred, and if such mortgage has been assigned, state to whom and the facts in regard to the same.
Provided, however, that if such mortgage has been duly assigned, by indorsement thereof or otherwise, but not acknowledged so as to entitle the same to be recorded, then it shall be competent for the court, at any time within the period aforesaid, upon proof that all the matters hereinbefore required to be stated in said petition are true, and that the assignee of such mortgage if living, or his personal representative if dead, has been paid the amount due thereon, to make an order that such mortgage be discharged of record.
Provided, further, that in case of a mortgage which was recorded or adjudged to have been paid and no longer a lien, more than fifty years prior to the presentation of such petition, if the petitioner is unable with reasonable diligence to ascertain the facts herein required to be stated in the petition, other than the fact of payment, the petition may set forth the best knowledge and information of the petitioner in respect thereto and what efforts have been made to ascertain such facts, and if the court shall be satisfied that the petitioner has made reasonable effort to ascertain such facts, and that the same cannot be ascertained with reasonable diligence, it may then, in its discretion, proceed upon said petition as hereinafter provided.
3. Such petition may be presented to the supreme court in the county in which the mortgaged premises are situated, or to the county court of such county.4. The court, upon the presentation of such petition, shall make an order requiring all persons interested to show cause at a certain time and place, why such mortgage should not be discharged of record. The names of the mortgagor, mortgagee and assignee, if any, the date of the mortgage and where recorded, and the town or city in which the mortgaged premises are situate, shall be specified in the order. The order shall be published in such newspaper or newspapers, and for such time as the court shall direct. The court may also direct the order to be personally served upon such persons as it shall designate.5. The court may issue commissions to take the testimony of witnesses and may refer it to a referee to take and report proofs of the fact stated in the petition. The certificate of the proper surrogate or surrogates, whether or not letters testamentary or of administration have been issued, shall be evidence of the fact; and the certificate of the clerk of the county or counties in which the mortgaged premises have been situate, since the date of the said mortgage, shall be evidence of the assignment of such mortgage, or of a notice of the pendency of an action to foreclose such mortgage, and of such other matters as may be therein stated; or if a notice of the pendency of an action to foreclose such mortgage has been filed, then his certificate that such mortgage has never been foreclosed. Unless the allegation of payment shall be denied, and evidence be given tending to rebut the presumption of payment, arising from lapse of time, such lapse of time shall be sufficient evidence of payment. Upon being satisfied that the matters alleged in the petition are true, the court may make an order that the mortgage be discharged of record.
N.Y. Real Prop. Acts. Law § 1931
Section 1932 - Discharge of record of ancient mortgage where time of maturity is dependent on contingent event related to use of premises1. The lien of every mortgage or conveyance of real estate in this state given as security for the payment of money, recorded more than seventy-five years ago, where the time of maturity thereof is dependent solely upon the occurrence of a contingent event relating to use of the mortgaged premises for religious purposes, and where the reason for such use no longer applies to the mortgaged premises because of changes in the type of neighborhood in which the premises are situated, may be discharged of record by judgment of the supreme court in the county where the mortgaged premises are situated, or of the county court of such county, in the manner provided in this section.2. The court, upon presentation of a petition, together with an official search of the recording officer in whose office the mortgage is recorded or a search prepared by a person duly licensed and admitted to practice law in this state or by a title company duly incorporated and authorized to transact business in this state showing such recordation and assignments of record, if any, the petition showing such contingent event relating to the use of the mortgaged premises for religious purposes and that the reason for such use no longer applies to the mortgaged premises because of changes in the type of neighborhood in which the mortgaged premises are situated, and showing that the petitioner has made reasonable effort to locate the mortgagee or other person or persons authorized to execute and deliver a satisfaction of such mortgage or conveyance but has been unable to do so after the exercise of reasonable diligence, shall make an order requiring all persons interested to show cause at a certain time and place, why such mortgage should not be discharged of record. Such order to show cause and the publication and service thereof shall comply with the requirements of section 1931 of this chapter, and the proceedings on the return of such order to show cause shall comply with the requirements of section 1931 of this chapter except as to the allegation of payment and evidence to rebut the presumption thereof.3. Any judgment of the court thereon discharging the mortgage of record shall be made only upon proof of such contingent event relating to use of the mortgaged premises for religious purposes, and of the changes in the type of neighborhood in which the mortgaged premises are situated, showing that the reason for such use no longer applies to the mortgaged premises, and upon proof of the other matters alleged in the petition; and any such judgment shall be made without prejudice to the right, if any, of the mortgagee, his representatives or assigns or other person or persons to receive or collect the mortgage debt in any action or proceeding not affecting such mortgaged premises.
N.Y. Real Prop. Acts. Law § 1932
Section 1933 - When county clerk or register to discharge mortgage of record
The county clerk, upon being furnished with an order discharging a mortgage of record, as provided in section 1931 or section 1932, and, in the city of New York, the register, upon being furnished with a certified copy of such order, and upon payment of the fees allowed by law for discharging mortgages, shall record the order and discharge the mortgage of record.
N.Y. Real Prop. Acts. Law § 1933
Section 1941 - When special proceeding to quiet title may be maintained
Whenever real property shall have been conveyed by a sheriff or referee, pursuant to a judicial decree, which decree has been lost or destroyed, and the defendants (other than lienors or incumbrancers) named in the notice of pendency of the action in which such decree was made, or those who might claim under them, or either of them, are dead, unknown or their whereabouts can not after diligent inquiry be ascertained, the person who has been, or he and those having his estate who have been, for ten years in actual possession of such property claiming it in fee under said sheriff's or referee's deed, which deed shall have been recorded at least ten years, may maintain a special proceeding for the purpose of establishing judicially his or their title to such real property.
N.Y. Real Prop. Acts. Law § 1941
Section 1942 - Petition in special proceeding to quiet title1. A person or persons, desiring to institute a proceeding under section nineteen hundred forty-one, must present a petition to the supreme court at a special term to be held in the judicial district in which the real property is situated, setting forth the facts proving to the satisfaction of the court, that the case is one of those specified in that section, and must describe the property with common certainty, and state what, if any, liens or incumbrances exist thereon, and the names of the persons, if any, besides the petitioners, who have been in the actual possession of the property during the past ten years claiming title as owners thereof in fee, and how such title was derived, and shall also annex to said petition a duly certified copy of the sheriff's or referee's deed recorded ten years since under which petitioners claim title.2. In case the property described in said sheriff's or referee's deed shall have been subdivided, the owner or owners of the several parcels thereof may unite in the same petition and proceeding.
N.Y. Real Prop. Acts. Law § 1942
Section 1943 - Order for publication of notice to persons interested
Upon the presentation of such petition, duly verified, the said court shall make an order for the publication of a notice requiring all persons claiming any interest in the real property described in such petition to appear before the court at a special term thereof, to be held at a time and place to be therein specified, not less than three months nor more than six months thereafter, and show cause, if any they have, why they should not be forever barred from maintaining any action or proceeding for the recovery of the real property, which shall be substantially described as set forth in said petition, and which notice shall also contain a reference to the time and place of record of the sheriff's or referee's deed referred to in the petition. Said publication shall be made once a week for three months successively prior to the return day named in said notice in two newspapers designated in the order as most likely to give notice to any claimant of the property.
N.Y. Real Prop. Acts. Law § 1943
Section 1944 - Hearing and final order upon non-appearance of adverse claimants
Upon the return day named in said notice the court shall proceed summarily to inquire into the truth of the matters set forth in the petition, and may appoint a referee for that purpose, and if there shall be no appearance by any person claiming any adverse interest to the petitioners in the real property described in the petition, the court may make a final order declaring that the title of the petitioner to such real property has been judicially established, which final order, together with the petition and order for and proof of publication of the notice, and the proofs taken before the court or referee shall be filed in the office of the clerk of the county in which the real property is situated, and such final order shall be evidence of the facts so declared to be established thereby in all courts and places, and thereafter no action or proceeding for the recovery of the real property described in said final order or any part thereof, or of any interest therein, shall be maintained by any person named as a defendant in the notice of pendency of action referred to in section 1941, or by any person or persons claiming under such defendant or either of them.
N.Y. Real Prop. Acts. Law § 1944
Section 1945 - Hearing and final order upon appearance of adverse claimants
If any person shall appear on the return day of said notice and claim in writing an interest in the real property adverse to that of the petitioners, stating the nature of his claim and his place of residence, the court may proceed in like manner to inquire into the truth of the facts stated in the petition and may make a final order in like manner and with like effect as above provided, except that such final order shall not affect in any way any person who shall have appeared on the return day and asserted a claim adverse to the petitioners, as herein provided for.
N.Y. Real Prop. Acts. Law § 1945
Section 1946 - Notice of pendency to be filed and recorded
No final order pursuant to section 1944 or section 1945 shall be made until the petitioners named in said proceedings, or their attorney, shall file in the clerk's office of the county in which such real property is situated a notice of the pendency of the said special proceeding, containing the names of all the persons claiming to be then owners of the property in fee, pursuant to said sheriff's or referee's deed, the object of the proceeding, together with a brief description of said property. Each county clerk with whom such notice is filed must immediately record it in the book kept in his office for recording of notices of pendency of an action, and index it to the name of each person claiming to be owner as aforesaid, and said clerk shall be entitled to receive for his services the same fees therefor as are now allowed by law for filing, recording and indexing a notice of pendency of action.
N.Y. Real Prop. Acts. Law § 1946
Section 1951 - Extinguishment of non-substantial restrictions on the use of land1. No restriction on the use of land created at any time by covenant, promise or negative easement, or created on or after September 1, 1958, by a special limitation or condition subsequent governed by section 1953, shall be enforced by injunction or judgment compelling a conveyance of the land burdened by the restriction or an interest therein, nor shall such restriction be declared or determined to be enforceable, if, at the time the enforceability of the restriction is brought in question, it appears that the restriction is of no actual and substantial benefit to the persons seeking its enforcement or seeking a declaration or determination of its enforceability, either because the purpose of the restriction has already been accomplished or, by reason of changed conditions or other cause, its purpose is not capable of accomplishment, or for any other reason.2. When relief against such a restriction is sought in an action to quiet title or to obtain a declaration with respect to enforceability of the restriction or to determine an adverse claim arising from the restriction, or is sought by way of defense or counterclaim in an action to enforce the restriction or to obtain a declaration with respect to its enforceability, if the court shall find that the restriction is of no actual and substantial benefit to the persons seeking its enforcement or seeking a declaration or determination of its enforceability, either because the purpose of the restriction has already been accomplished or, by reason of changed conditions or other cause, its purpose is not capable of accomplishment, or for any other reason, it may adjudge that the restriction is not enforceable by injunction or as provided in subdivision 2 of section 1953 and that it shall be completely extinguished upon payment, to the person or persons who would otherwise be entitled to enforce it in the event of a breach at the time of the action, of such damages, if any, as such person or persons will sustain from the extinguishment of the restriction.
N.Y. Real Prop. Acts. Law § 1951