dliu1/legal-llama-raw-text huggingface dataset:
275.   Certificate of discharge of mortgage required.
276.   Effect  of  certain  easements  on the right to invest in
mortgages.
277.   Modification and extension of mortgage investment.
277-a. Powers  of  fiduciaries  and  others  holding  guaranteed
mortgages or mortgage investments.
278.   Exchange of mortgage investment.
278-a. Sale  or  exchange  of  certain real property or mortgage
investments therein authorized.
279.   Graduated payment mortgage.
280.   Reverse mortgage loans for persons sixty years of age  or
older.
280-a. Reverse  mortgage  loans for persons seventy years of age
or older.
280-b. Federal home equity conversion mortgage regulation.
280-d. Federal  home  equity  conversion  mortgage  default  and
foreclosure regulation.
281.   Credit line mortgage.
282.   Mortgagor's  right  to recover attorneys' fees in actions
or  proceedings  arising   out   of   foreclosures   of
residential property.
§  240.  Definitions  and  use of terms. 1. The term heirs, or other
words of inheritance, are not requisite to create or convey an estate in
2. The term conveyance, as used  in  this  article,  includes  every
instrument,  in  writing, except a will, by which any estate or interest
in real property is created, transferred, assigned or surrendered.
3. Every instrument creating, transferring, assigning or  surrendering
an  estate  or  interest in real property must be construed according to
the intent of the parties, so far as such intent can  be  gathered  from
the whole instrument, and is consistent with the rules of law.
4.  The  terms  estate and interest in real property include every
such estate and interest,  freehold  or  chattel,  legal  or  equitable,
present or future, vested or contingent.
§ 240-b. Certain conveyances authorized; effect thereof. 1. Any person
or persons owning real property or an interest in real property which he
or  they  have  power to convey, may effectively convey such property or
interest by a conveyance naming himself or themselves and another person
or persons, or one or more of themselves and  another  person  or  other
persons,  as  grantees,  and  the  conveyance  has the same effect as to
whether it creates an estate in severalty, a joint tenancy, or a tenancy
by the entirety, or tenancy in common, as if it were a conveyance from a
stranger who owned the property or interest  to  the  persons  named  as
grantees in the conveyance.
2. Any two or more persons owning real property or an interest in real
property  which  they  have power to convey, may effectively convey such
property or interest by a conveyance naming one, or more  than  one,  or
all  such  persons, as grantees, and the conveyance has the same effect,
as to whether it creates an estate in severalty, or a joint tenancy,  or
a  tenancy  by  the  entirety,  or  tenancy  in  common, as if it were a
conveyance from a stranger who owned the property  or  interest  to  the
persons named as grantees in the conveyance.
3.  As  used  in  this  section,  person may be a married person and
persons may be persons married to each other.
§ 240-c. Joint tenancy severance. 1. In addition to any other means by
which a joint tenancy with right of survivorship may be severed, a joint
tenant  may  unilaterally sever a joint tenancy in real property without
consent of any non-severing joint tenant or tenants by:
(a) Execution and delivery of a deed that conveys legal title  to  the
severing  joint  tenant's  interest  to  a  third person, whether or not
pursuant to an agreement requiring the third person  to  reconvey  legal
title to the severing joint tenant; or
(b)  Execution  of  a  written instrument that evidences the intent to
sever the joint tenancy, including a deed that names the severing tenant
as the direct grantee of the severing tenant's interest.
2. No severance of a joint tenancy pursuant to subdivision one of this
section shall terminate the right of survivorship  of  any  non-severing
joint  tenant or tenants as to the severing tenant's interest unless the
deed or written instrument effecting the severance is recorded, prior to
the death of the severing tenant, in the county where the real  property
is located.
3. Nothing in this section shall limit the manner or effect of:
(a)  A  severance  of a joint tenancy pursuant to a written instrument
executed by all joint tenants, or pursuant to a written agreement of all
joint tenants.
(b) A severance of a joint tenancy effected by a  deed  from  a  joint
tenant to another joint tenant.
(c) A severance ordered by a court of competent jurisdiction.
§  241. Ancient conveyances abolished. The conveyance of real property
by feoffment, with livery of seizin, or by fines, or common  recoveries,
is abolished.
§  242.  Disclosure  prior  to  the  sale of real property. 1. (a) Any
person, firm, company, partnership or corporation offering to sell  real
property  to which no utility electric service is provided shall provide
written notice to  the  prospective  purchaser  or  to  the  prospective
purchaser's  agent,  clearly  indicating this fact. Such notice shall be
provided prior to accepting a purchase offer.
(b) Any prospective or actual purchaser who has suffered a loss due to
a violation of this section is entitled to recover  any  actual  damages
incurred from the person offering to sell said real property.
(c)  The  provisions  of this subdivision shall not apply in instances
where the real property being  sold  lies  within  the  applicable  free
footage  allowance  or  service  lateral specified by the public service
commission in rule, regulation or public utility tariff.
2. Disclosure prior to the sale of  real  property  to  which  utility
surcharge payments attach. (a) Any person, firm, company, partnership or
corporation  offering  to  sell real property against which an electric,
gas or water utility surcharge is assessed for the purpose of  defraying
the  costs  associated with an electric, gas or water line extension, or
for  the  purpose  of  defraying  the  costs  associated  with   related
facilities, shall provide written notice to the prospective purchaser or
the prospective purchaser's agent, stating as follows: This property is
subject  to  an  electric,  gas  andor  water  utility  surcharge.  In
addition, such notice shall also state, the  type  and  purpose  of  the
surcharge,  the  amount  of  the surcharge and whether such surcharge is
payable on a monthly, yearly  or  other  basis.  Such  notice  shall  be
provided by the seller prior to accepting a purchase offer.
a  violation  of  this  subdivision  is  entitled  to recover any actual
damages incurred from the person offering to sell or selling  said  real
3.  Any  person, firm, company, partnership or corporation offering to
sell real property on which uncapped natural gas wells are situated, and
of which such person, firm,  company,  partnership  or  corporation  has
actual  knowledge,  shall inform any purchaser of the existence of these
wells prior to entering into a contract for the  salepurchase  of  such
4.  Disclosure  prior  to  the  sale of real property to which a green
jobs-green New York on-bill recovery charge  applies.  (a)  Any  person,
firm, company, partnership or corporation offering to sell real property
which  is subject to a green jobs-green New York on-bill recovery charge
pursuant to title nine-A of article eight of the public authorities  law
shall  provide  written  notice  to  the  prospective  purchaser  or the
prospective purchaser's agent, stating as  follows:  This  property  is
subject  to  a  green jobs-green New York on-bill recovery charge. Such
notice shall also state the total amount of  the  original  charge,  the
payment schedule and the approximate remaining balance, a description of
the  energy efficiency services performed, including improvements to the
property, and an explanation of the benefit of the green jobs-green  New
York qualified energy efficiency services. Such notice shall be provided
by the seller prior to accepting a purchase offer.
§  243.  Grant  of  fee  or  freehold. A grant in fee or of a freehold
estate, must be subscribed  by  the  person  from  whom  the  estate  or
interest  conveyed is intended to pass, or by his lawful agent thereunto
authorized in writing. If not duly  acknowledged  before  its  delivery,
according  to the provisions of this chapter, its execution and delivery
must be attested by at least one witness, or, if  not  so  attested,  it
does  not  take effect as against a subsequent purchaser or incumbrancer
until so acknowledged.
§  244.  When  grant takes effect. A grant takes effect, so as to vest
the estate or interest intended to be conveyed, only from its  delivery;
and  all  the  rules of law, now in force, in respect to the delivery of
deeds, apply to grants hereafter executed.
§  245.  Estate  which passes by grant or devise. A grant or devise of
real property passes all the  estate  or  interest  of  the  grantor  or
testator  unless the intent to pass a less estate or interest appears by
the express terms of such grant or devise or  by  necessary  implication
therefrom.  A  greater  estate or interest does not pass by any grant or
conveyance, than the grantor possessed or could lawfully convey, at  the
time of the delivery of the deeds; except that every grant is conclusive
against  the  grantor and his heirs claiming from him by descent, and as
against a subsequent purchaser or incumbrancer  from  such  grantor,  or
from  such  heirs claiming as such, other than a subsequent purchaser or
incumbrancer in  good  faith  and  for  a  valuable  consideration,  who
acquires  a  superior  title  by  a  conveyance that has been first duly
Recorded.
§  246.  Certain deeds declared grants. Deeds of bargain and sale, and
of lease and release, may continue to be used;  and  are  to  be  deemed
grants, subject to all the provisions of law in relation thereto.
§  247.  Conveyance by tenant for life or years of greater estate than
possessed.   A conveyance made by a tenant  for  life  or  years,  of  a
greater  estate than he possesses, or can lawfully convey, does not work
a forfeiture of his estate, but passes to the  grantee  all  the  title,
estate or interest which such tenant can lawfully convey.
§ 248. Effect of conveyance where property is leased. An attornment to
a  grantee  is  not  requisite  to  the validity of a conveyance of real
property occupied by a tenant, or of the rents or  profits  thereof,  or
any other interest therein. But the payment of rent to a grantor, by his
tenant,  before  notice  of  the  conveyance, binds the grantee; and the
tenant is not liable to such grantee, before such notice, for the breach
of any condition of the lease.
§  249.  Covenants  in mortgages. A mortgage of real property does not
imply a covenant for the payment of the sum intended to be secured;  and
where such covenant is not expressed in the mortgage, or a bond or other
separate  instrument  to  secure  such  payment  has not been given, the
remedies of the mortgagee are confined to the property mentioned in  the
§  251.  Covenants  not  implied.  A  covenant  is  not  implied  in a
conveyance of real property, whether the conveyance contains any special
covenant or not.
§   252.  Lineal  and  collateral  warranties  abolished.  Lineal  and
collateral warranties, with all their incidents,  have  been  abolished;
but  the  heirs  and  devisees  of  a person, who has made a covenant or
agreement, are answerable thereon, to the extent of  the  real  property
descended  or devised to them, in the cases and in the manner prescribed
by law.
§  253.  Construction of covenants in grants of freehold interests. In
grants of freehold interests in real property, the following or  similar
covenants must be construed as follows:
1.  Seizin.--  A  covenant  that  the  grantor  is seized of the said
premises (described) in fee simple, and has good  right  to  convey  the
same,  must  be  construed as meaning that such grantor, at the time of
the execution and delivery of the conveyance, is lawfully  seized  of  a
good,  absolute and indefeasible estate of inheritance in fee simple, of
and in  all  and  singular  the  premises  thereby  conveyed,  with  the
tenements,  hereditaments  and  appurtenances thereto belonging, and has
good right, full power and lawful authority to grant and convey the same
by the said conveyance.
2. Quiet enjoyment.-- A covenant that the grantee shall quietly enjoy
the said premises, must be construed as meaning that such grantee,  his
heirs,  successors  and assigns, shall and may, at all times thereafter,
peaceably and quietly have, hold, use, occupy,  possess  and  enjoy  the
said   premises,   and   every   part   and  parcel  thereof,  with  the
appurtenances, without any let, suit, trouble, molestation, eviction, or
disturbance of the grantor, his heirs, successors  or  assigns,  or  any
person or persons lawfully claiming or to claim the same.
3. Freedom from incumbrances.-- A covenant that the said premises are
free from incumbrances, must be construed as meaning that such premises
are  free, clear, discharged and unincumbered of and from all former and
other  gifts,  grants,  titles,  charges,  estates,  judgments,   taxes,
assessments, liens and incumbrances, of what nature or kind soever.
4.  Further  assurance.-- A covenant that the grantor will execute or
procure any further necessary assurance of the title to said  premises,
must  be  construed  as  meaning  that  the  grantor  and  his heirs, or
successors, and all and every person or persons whomsoever  lawfully  or
equitably  deriving  any  estate, right, title or interest of, in, or to
the premises conveyed by, from, under, or in  trust  for  him  or  them,
shall  and  will  at  any  time  or times thereafter upon the reasonable
request, and at the proper costs and charges of the grantee, his  heirs,
successors and assigns, make, do, and execute, or cause to be made, done
and executed, all and every such further and other lawful and reasonable
acts,  conveyances  and  assurances  in  the law for the better and more
effectually vesting and confirming the premises thereby  granted  or  so
intended  to be, in and to the grantee, his heirs, successors or assigns
forever, as by the grantee, his heirs, successors or assigns, or his  or
their  counsel  learned  in  the  law,  shall  be  reasonably advised or
5. Warranty of title.-- A covenant  that  the  grantor  will  forever
warrant  the  title  to the said premises, must be construed as meaning
that the grantor and his heirs, or successors, the premises granted, and
every part and parcel thereof, with the appurtenances, unto the grantee,
his heirs, successors or assigns, against the grantor and his  heirs  or
successors,  and  against  all  and  every  person or persons whomsoever
lawfully claiming or to claim  the  same  shall  and  will  warrant  and
forever defend.
6.  Grantor has not incumbered.-- A covenant that the grantor has not
done  or  suffered  anything  whereby  the  said  premises   have   been
incumbered, must be construed as meaning that the grantor has not made,
done,  committed, executed, or suffered any act or acts, thing or things
whatsoever, whereby  or  by  means  whereof,  the  above  mentioned  and
described  premises,  or  any part or parcel thereof, now are, or at any
time hereafter shall or may be impeached, charged or incumbered  in  any
manner or way whatsoever.
§ 254. Construction of clauses and covenants in mortgages and bonds or
notes.  In  mortgages  of  real property, and in bonds and notes secured
thereby or in assignments of  mortgages  and  bonds  and  mortgages  and
notes,  or  in  agreements to extend or to modify the terms of mortgages
and bonds and mortgages and notes, the following or similar clauses  and
1.  Clauses of mortgage. The words This mortgage, made the ..........
(A) ........ day of ........ (B) ........, nineteen hundred and ........
(C) ........, between ........ (D) ........, the mortgagor, and ........
(E) ........., residing  at  .........  (F)  .........,  the  mortgagee,
Witnesseth,  that to secure the payment of an indebtedness in the sum of
........  (G) ........ dollars, lawful money of the United States, to be
paid on the ........ (H) ........ day of ........ (I) ........, nineteen
hundred and ........ (J) ........, with interest thereon to be  computed
from  ......... (K)  ........  at the rate of ........ (L) ........  per
centum per annum, and to be paid ........ (M) ........, according  to  a
certain  bond,  note  or  obligation  bearing  even  date  herewith, the
mortgagor hereby mortgages to  the  mortgagee  (description),  must  be
construed  as  equivalent  in meaning to the words This indenture, made
the ........ (A1) ...... day of  .......  (B1)  ........,  in  the  year
nineteen  hundred  and  ........    (C1)  ........  between ....... (D1)
........, party of the first part, and ....... (E1) ........, of .......
(F1) ........, party of the second part.
Whereas, the said ........ (D1) ........ is justly  indebted  to  the
said  party  of  the  second  part  in the sum of ........ (G1) ........
dollars, lawful money of the United States, secured to be  paid  by  his
certain   bond,   note   or  obligation,  bearing  even  date  herewith,
conditioned for the payment of the said sum of .........  (G1)  ........
dollars,  on  the  ........  (H1)  .......  day  of ....... (I1) .......
nineteen hundred and ........ (J1) ........ and the interest thereon, to
be computed from ........ (K1) ........, at the  rate  of  .......  (L1)
....... per centum per annum, and to be paid ....... (M1) .........
It  being  thereby  expressly  agreed  that  the  whole  of  the said
principal sum shall become due after  default  in  the  payment  of  any
installment of principal, interest, taxes or assessments, as hereinafter
Now  this  indenture witnesseth, that the said party of the first part,
for the better securing the payment of the said sum of  money  mentioned
in  the  condition  of  the said bond, note or obligation, with interest
thereon, and also for and in consideration of one dollar,  paid  by  the
said   party   of  the  second  part,  the  receipt  whereof  is  hereby
acknowledged, doth hereby grant and release unto the said party  of  the
second  part,  and  to  his  heirs  (or successors) and assigns for ever
(description), together with the appurtenances, and all the  estate  and
rights  of the party of the first part in and to said premises, together
with all fixtures and articles of personal property attached to, or used
in connection with, the premises. To have and to hold the above  granted
premises  unto  the said party of the second part, his heirs and assigns
forever. Provided, always, that if the said party of the first part, his
heirs, executors or administrators, shall pay unto the said party of the
second part, his executors, administrators or assigns, the said  sum  of
money  mentioned  in the condition of the said bond, note or obligation,
and the interest thereon, at the time and in the manner mentioned in the
said condition, that then these presents, and the estate hereby granted,
shall cease, determine and be void.
(Explanation: Whatever words are inserted in the  blank  spaces  above
marked  (A),  (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), and
(M)  respectively,  shall  be  construed  as  being  inserted   in   the
corresponding  blank  spaces  above marked (A1), (B1), (C1), (D1), (E1),
(F1), (G1), (H1), (I1), (J1), (K1), (L1) and (M1) respectively.)
2.  Covenant  that  whole  sum  shall become due. A covenant that the
whole of the said principal sum and interest shall  become  due  at  the
option of the mortgagee: after default in the payment of any installment
of  principal  or of interest for  ....... days; or after default in the
payment of any tax, water  rate  or  assessment  for ....... days  after
notice  and  demand;  or after default after notice and demand either in
assigning and delivering the policies  insuring  the  buildings  against
loss  by  fire or in reimbursing the mortgagee for premiums paid on such
insurance, as hereinbefore provided; or after default  upon  request  in
furnishing a statement of the amount due on the mortgage and whether any
offsets  or  defenses  exist  against  the mortgage debt, as hereinafter
provided, must be construed as meaning that should any default be  made
in  the  payment of any installment of principal or of any part thereof,
or in the payment of the said interest, or any part thereof, on any  day
whereon  the  same  is  made  payable,  or should any tax, water rate or
assessment, andor any installment of  any  assessment  which  has  been
divided  into  annual  installments pursuant to provision of law in such
cases made and provided which now is or may be  hereafter  imposed  upon
the  premises  hereinafter  described, become due or payable, and should
the said installment of principal  or  interest  remain  unpaid  and  in
arrear  for  the  space  of ....... days,  or  such  tax,  water rate or
assessment  or  annual  installment  remain   unpaid   and   in   arrear
for ....... days  after  written notice by the mortgagee or obligee, his
executors, administrators, successors  or  assigns,  that  such  tax  or
assessment  andor  annual  installment  is  unpaid,  and demand for the
payment thereof, or should any default be made after notice  and  demand
either  in  assigning and delivering the policies insuring the buildings
against loss by fire or in reimbursing the mortgagee for  premiums  paid
on  such  insurance, as hereinafter provided, or upon failure to furnish
such statement of the amount due on the mortgage and whether any offsets
or defenses exist against the mortgage debt,  as  hereinafter  provided,
after  the  expiration  of ....... days  in  case  the  request  is made
personally, or after the expiration of ....... days after the mailing of
such request in case  the  request  is  made  by  mail,  then  and  from
thenceforth,  that  is  to  say,  after  the lapse of either one of said
periods, as the case may be,  the  aforesaid  principal  sum,  with  all
arrearage  of  interest  thereon,  shall,  at  the  option  of  the said
mortgagee or  obligee,  his  executors,  administrators,  successors  or
assigns,  become and be due and payable immediately thereafter, although
the period above limited for the  payment  thereof  may  not  then  have
expired, anything thereinbefore contained to the contrary thereof in any
wise notwithstanding.
3.  Covenant  to pay indebtedness. In default of payment, mortgagee to
have power to  sell.  A  covenant  that  the  mortgagor  will  pay  the
indebtedness,  as  hereinbefore  provided, must be construed as meaning
that the mortgagor for himself, his heirs, executors and  administrators
or  successors,  doth  covenant  and  agree to pay to the mortgagee, his
executors, administrators, successors and assigns, the principal sum  of
money  secured  by  said  mortgage,  and  also  the  interest thereon as
provided by said mortgage. And if default shall be made in  the  payment
of  the  principal  sum or the interest that may grow due thereon, or of
any part thereof, or in case of any other default, that  then  and  from
thenceforth  it  shall  be  lawful  for  the  mortgagee,  his executors,
administrators or successors to enter into and upon all and singular the
premises granted, or intended so to be, and to sell and dispose  of  the
same,  and  all  benefit and equity of redemption of the said mortgagor,
his heirs, executors, administrators, successors or assigns therein,  at
public auction, according to the act in such case made and provided, and
as  the  attorney  of  the  mortgagor  for that purpose duly authorized,
constituted  and  appointed,  to  make  and  deliver to the purchaser or
purchasers thereof a good and sufficient deed or deeds of conveyance for
the same in fee simple (or otherwise; as the case may be) and out of the
money arising from such sale, to retain the principal and interest which
shall then be due, together with the costs and charges of  advertisement
and   sale   of  the  said  premises,  rendering  the  overplus  of  the
purchase-money, if any there shall be, unto the  mortgagor,  his  heirs,