dliu1/legal-llama-raw-text huggingface dataset:
certified document so  filed  shall  have  plainly  written  or  stamped
thereon  the  number  of the certificate of registration of the title to
the property to be affected and bound thereby by virtue of such memorial
on such certificate, and it shall be the duty of the registrar  to  make
such   memorial  immediately  on  receipt  of  the  same.  A  discharge,
cancellation, or  modification  of  any  judgment,  decree,  attachment,
mechanic's  lien,  or other lien or charge, so noted on the certificate,
shall not affect or be binding upon the registered property,  right,  or
interest,  unless  on  like evidence a memorial thereof shall be made by
the registrar on such certificate.
§  418.  Assignment  of  mortgage, lease, or other lien or charge. The
holder of any mortgage, lease, or other lien  or  charge  on  registered
property,  in  order  to  transfer  the  same or any part thereof, shall
execute an assignment of the whole or any part thereof;  and  upon  such
assignment  being  filed  in  the office of the registrar, the registrar
shall enter in the title  book  a  memorial  of  such  transfer  with  a
reference  to the assignment by its file number; he shall also note upon
the instrument on file in his office intended  to  be  transferred,  and
upon   the  registration  copy  thereof  produced,  the  number  of  the
certificate on which the memorial is  entered,  with  the  date  of  the
§  419.  Release,  discharge  or surrender of charge or incumbrance. A
release, discharge or surrender of a charge or incumbrance, or any  part
thereof,  or  of  any part of the property charged or incumbered, may be
effected by the production of a release, discharge or satisfaction, duly
executed and acknowledged, made in any form authorized by law, except as
herein provided. Any tax, water rent or assessment, subject to which the
title has been registered and which has been noted on the certificate of
title as provided in section three hundred ninety of this  chapter,  may
be released and discharged in the same way upon a receipt therefor being
issued  and  duly  certified  by  the  receiver of taxes or collector of
assessments and arrears or other duly authorized officer,  as  the  case
may require, and delivered to the registrar and filed in his office. The
receiver  of taxes or collector of assessments and arrears or such other
duly authorized officer, as the case may require,  upon  demand  of  any
owner of registered property, shall execute, certify and deliver to such
owner  such receipt when any such tax, water rent or assessment has been
paid upon such registered property.
§  420. Enforcement of mortgages, charges, liens and incumbrances. All
charges, liens and  incumbrances  on  registered  property,  or  on  any
estate,  right  or  interest  in the same, and all rights therein may be
enforced as now allowed by law; and  all  laws  with  reference  to  the
foreclosure,  release  or  satisfaction  of  mortgages  shall  apply  to
mortgages on registered property or on any  estate,  right  or  interest
therein,  except  as  herein  otherwise  provided, and except that until
notice of the pendency of any suit to  enforce  such  mortgage,  charge,
lien  or  incumbrance  is filed in the registrar's office and a memorial
thereof entered on the certificate in the title book,  the  pendency  of
such  suit shall not be notice to the registrar or to any person dealing
with the property or any right or interest therein. Upon the sale  under
foreclosure  or  other  action  or proceeding directing the sale of real
property, the title to which is then a registered title, it shall be the
duty of the officer making the sale to report such sale to  the  justice
assigned  to  the  title part of the special term, who shall thereupon
designate an official examiner of title to examine into  the  action  or
proceeding  or  any other fact or circumstance affecting the title since
the last registration thereof. The examiner of title shall  prepare  his
report  immediately  and  shall file one copy with the court designating
him and one copy with the officer making the sale.  The  officer  making
the  sale  shall  not  deliver  a  deed  of  the property sold until the
examiner's report is filed with him showing the regularity of  the  acts
and  proceedings  subsequent  to  the  last  registration  of title. The
justice of the title part shall upon the production of the  deed  from
the  officer making the sale and upon the report of the examiner approve
said deed and make an order directing  the  registrar  to  register  the
title  accordingly.  The  fees for the services of the official examiner
under this section shall not exceed the sum of five  dollars  unless  an
additional allowance is directed by the justice of the title part.
§  421.  Powers  of  attorney  to  be filed and registered. Before any
person  can  convey,  charge,  incumber  or  otherwise  deal  with   any
registered  property,  or  any  estate,  right  or  interest therein, as
attorney in fact for another, the deed or instrument empowering  him  so
to act shall be filed with the registrar and a memorial thereof shall be
entered upon the certificate in the title book, in like manner as in the
case  of a charge or incumbrance. A revocation of such power of attorney
may be  registered  in  like  manner  as  such  power  of  attorney  was
§  422. Reference of doubtful matters to the court. When the registrar
is in doubt, and the parties in interest fail to agree as to the  proper
memorial  to  be  made  in the title book of any deed, mortgage or other
voluntary instrument presented for registration, the questions shall  be
referred  to  the  court  for decision, either on the certificate of the
registrar stating the question, or upon the suggestion in writing of any
party or parties in interest; and the court, after  due  notice  to  all
parties  in interest, and a hearing, if necessary or proper, shall enter
an order prescribing the  form  of  the  memorial  to  be  made  by  the
registrar,  who  shall  make  the  memorial accordingly. In any judicial
proceeding affecting property, the title to which is then  a  registered
title, the court upon the application in writing of any party or parties
in  interest  after  due  notice  to all other parties in interest and a
hearing, if necessary or proper, shall enter an  order  prescribing  the
form  of  any memorial that should be made by the registrar in the title
book because or as the result of such  proceeding;  and  the  registrar,
upon  the  production  of a certified copy of such order, shall make the
proper memorial in accordance  with  such  order.    After  making  such
memorial  in  the  title  book  the  registrar shall also make all other
memorials  on  existing  certificates  or  make  and  deliver  any   new
certificates  according  to the circumstances and in the manner required
Herein.
§  423.  Death  of owner of registered property; transfer of property.
Upon the death of an owner of registered  real  property,  it  shall  be
incumbent  upon  the  surviving spouse or the joint tenant with right of
survivorship to present to the registrar a petition on the annexed form,
for the transfer of the  title  into  the  name  of  the  survivor.  The
registrar  shall  upon  payment  of  the required fees, memorialize said
petition showing the  change  of  ownership,  delete  the  name  of  the
deceased,  and  recertify  title  to  the  new  owner  on  the  existing
certificate of title. Upon the death of  an  owner  of  registered  real
property,  it  shall  be incumbent upon the executor or administrator of
the estate of the deceased, to present to the registrar  a  petition  on
the  annexed  form,  for  the  transfer  of  title  into the name of the
executor or administrator, or upon filing of a deed executed by the said
executor or administrator, in the  name  of  the  grantee  therein.  The
petition showing the change of ownership, and issue a new certificate of
title to the executor or administrator. Upon the death of  an  owner  of
registered  real  property, having died intestate, it shall be incumbent
upon the heirs-at-law to obtain a verified petition and order, consented
to by the registrar, the state attorney general and signed by a  justice
of  the  supreme  court.    Sufficient and conclusive evidence as to the
heirs-at-law must be made part of the proceeding. Upon  filing  of  said
completed  proceeding with the registrar, together with filing fees, the
registrar shall issue a certificate of title as directed by the order.
Upon the coming to age, or freedom from disability of a  person  whose
guardian,  committee  or  conservator  is  a  registered  owner as above
described, or upon a transfer of the powers and duties of  an  executor,
trustee or other person acting in a representative capacity, or upon any
other transfer of registered ownership or nominal change of ownership by
death  or  process  of law or otherwise in a case not otherwise provided
for by this article, a petition may be made to the court  for  an  order
directing  the registrar as to the persons in whose name or names and in
what manner the title shall be registered and a new certificate  issued;
and  the court, on such petition and on due notice to the persons who in
the opinion of the court shall  be  parties  in  interest  and  after  a
hearing, if deemed necessary or proper, shall enter an order prescribing
the name or names and the manner in which the title shall be registered.
Any  petition  permitted  under this section shall, in addition to any
other proper allegations, set  forth  the  names  and  known  places  of
residence  of  the  petitioner  and  the  persons having or claiming any
interest in the registered premises under a certificate of title,  or  a
registered  instrument,  or  by  operation of law; and the people of the
state of New York, with  reference  to  which  latter  party  a  further
allegation  shall  be  made in substantial conformity with the statement
pertaining to the state of New York provided for under  subdivision  (d)
of  section  three  hundred  seventy-nine of this article. Such petition
shall be filed with the clerk  of  the  county  in  which  the  original
registration  was  had,  and  a  copy  thereof  shall  be filed with the
registrar of such county, who shall memorialize said  copy  of  petition
upon  the  last original certificate to which it relates, which memorial
shall also have the same effect as a notice of  pendency  of  an  action
under  the  civil  practice  act.  Immediately  upon  the filing of such
petition and a copy thereof as aforesaid, the court  shall  provide  for
due  notice to be given to the parties in interest by entering an order,
either directing the registrar to give notice of the  hearing  upon  the
petition  to  the  parties  named therein, and to any additional parties
named in the order who in the opinion of the court shall be  parties  in
interest,  by  publishing  and mailing such notice at the expense of the
petitioner,  in  the  manner  prescribed  in   section   three   hundred
eighty-five  of  this  article  for  the  publication and mailing of the
notice of hearing in an original  registration  proceeding;  or  in  the
alternative,  directing that service of the notice be made personally in
the manner provided for the personal service of a summons under  article
twenty-five of the civil practice act, respecting which latter procedure
involving  personal  service  the  court,  in its proper discretion, may
provide that the notice be made returnable at any  time  not  less  than
eight days after completion of service thereof and may fix the time when
service  thereof  will  be  deemed  complete.  The form of the notice of
hearing contemplated herein shall be  substantially  the  same  as  that
provided  for  under  section  three hundred eighty-six of this article,
except that it may be entitled Transfer of Registration of Land Title,
and that the object of the proceeding may be stated  therein  to  be  to
obtain  registration  of title in, and the issuance of a new certificate
of title to,  the  petitioner  or  any  persons  entitled  thereto,  any
appropriate  language  being sufficient. The notice may be subscribed by
either the registrar, or the attorney for the petitioner,  as  the  case
may  require.  The  certificate  of the registrar that he has served the
notice as directed by the court, by publishing  and  mailing,  shall  be
filed in the case, with any necessary affidavits in support of the same,
on  or  before  the  return day, and shall be proof of such service. The
court in a proper case may dispense with the mailing of  the  notice  of
hearing,  in substantial conformity with the practice prescribed in rule
fifty of the rules of civil  practice,  and  may  also  cause  other  or
further notice of the petition to be given.
§  423-a.  Form  for  transfer  of  property  upon  death  of owner of
registered property. The registrar may make available the form  for  the
transfer  of  property  upon  the  death  of the owner of the registered
property, which form in any event shall be as follows:
Article 12, Section 423 (a) R.P.L.
ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE  LAW  AND
MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.
-- * * * * * * --
PETITION FOR REISSUANCE OF CERTIFICATE OF TITLE FOR SURVIVING SPOUSE OR
JOINT TENANT WITH RIGHT OF SURVIVORSHIP
____________ deponent ________________________ being duly sworn, deposes
and says that heshe is the Petitioner herein residing at ______________
address ________________ and of legal age, and
that  heshe  is  the  surviving  spouse of ____________ name _________
deceased. At the time of death, deponent was married  to  the  deceased,
that  the  marriage had not been annulled or dissolved and that no legal
separation had been obtained. OR that  heshe  is  the  surviving  joint
tenant with right of survivorship.
That  _________  deponent _____________ and ____________ spousedeceased
joint tenant ____________ were the registered owners as tenants  by  the
entiretyjoint  tenant  with right of survivorship of the property under
Certificate of Title number __________.
The deceased _______________ name  _______________  died  ______________
date ________ as evidenced by a death certificate attached hereto.
This  petition  is  being made pursuant to Section 423 R.P.L., to direct
the Registrar of _____________ County to reissue  Certificate  of  Title
number  ____________ to ____________ deponent ______________ residing at
______________ address ___________ for the following described property:
(For JOINT TENANT petition only) Property is  subject  to  Estate  Taxes
against  the estate of ______________ Joint Tenant __________, deceased,
if any.
The original Owner's  Duplicate  Certificate  of  Title  is  surrendered
herewith  ((or))  The  production  of  the  original  Owner's  Duplicate
Certificate  of  Title  is  hereby  dispensed   with,   by   reason   of
_____________ loststolen ________________.
__________________________  LS
Petitioner(s)
COUNTY OF        } ss.:
Iwe ___________________________ being sworn, say(s):
Iwe  amare  the Petitioner(s) in the within action; Iwe have read the
foregoing Petition and know the contents thereof; the same is true to my
own knowledge, except as to the matters herein stated to be  alleged  on
and have furnished the following proof of identification.
____________________________LS
Sworn to before me this ____________
day of _______________ 19______.
Article 12, Section 423 (b) R.P.L.
ANY  FALSE  STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE LAW AND
-- * * * * * --
PETITION FOR ISSUANCE OF CERTIFICATE OF TITLE
FOR ADMINISTRATOR OR EXECUTOR
___________ deponent _______________________________ being  duly  sworn,
deposes  and  says  that  heshe is the Petitioner herein and resides at
____________________ address _____________________ and of legal age;
That  heshe  is   the   AdministratorExecutor   of   the   estate   of
_____________, deceased.
That ____________________ name ______________________ was the registered
owner    of   the   property   under   Certificate   of   Title   number
________________.
The deceased, ________________ name ______________ died  _______________
date _____________ as evidenced by a death certificate attached hereto.
___________________    name    _______________,   has   been   appointed
AdministratorExecutor  of   the   estate   of   ____________   deceased
___________    as    evidenced    by    the    original    Letters    of
AdministrationTestamentary and certified  copy  of  the  will  attached
hereto.
1. That a Release of Estate Tax is attached hereto
2. That the Gross Estate does not exceed $600,000
3.  Subject to the Estate Taxes against the estate of _________________,
deceased, if any.
This petition is being made to direct the Registrar of _________________
County, to issue a new  Certificate  of  Title  to  ______________  name
__________________,   as   AdministratorExecutor   of   the  Estate  of
__________________, deceased, residing at _____________________  address
__________________ for the following described property.
This   petition   is   being   made   to   direct   the   Registrar   of
__________________ County to issue a new Certificate of Title  upon  the
filing  of an AdministratorExecutor's deed to ______________ grantee in
the  deed  _________________,  residing  at  _________________   address
__________________ for the following described property:
The  original  Owner's  Duplicate  Certificate  of  Title is surrendered
Certificate   of   Title   is   hereby  dispensed  with,  by  reason  of
_____________ loststolen _________________.
___________________________ LS
PETITIONER
State of New York}
County of        } ss.:
I ____________________________being sworn, say: I am the  Petitioner  in
the  within  action;  I  have  read  the foregoing Petition and know the
contents thereof: the same is true to my own knowledge, except as to the
matters herein stated to be alleged on information and belief, and as to
those matters I believe to be true, and  have  furnished  the  following
proof of identification: ____________________________________________.
Sworn to before me this __________
day of ____________ 19_____.
NOTARY PUBLIC
§  426.  Assurance  fund.  1.  Upon  the original registration of real
property, there shall be paid to the  registrar  one-tenth  of  one  per
centum  of  the  value  thereof  on the basis of the last assessment for
local taxation, as an assurance fund for land registered in his  county.
Subsequent to the original registration, there shall also be paid to the
registrar,  and  by  him  transferred  to  the  said  fund, the parts or
portions of the fees so designated by section four  hundred  four-a  and
section four hundred thirty-two of this article.  All moneys so received
by  the  registrar under the provisions of this section shall be paid to
the treasurer of the county (in New York city  to  the  commissioner  of
finance),  and  shall be invested by him in the same manner as are other
trust funds.  All such moneys  as  have  been  so  transferred  by  the
registrar  to  the treasurer of the county (in New York city to the city
chamberlain)  prior  to  the  first  day  of  July,   nineteen   hundred
twenty-nine,  and  have been disposed of as provided by the law prior to
said date, shall be returned to such treasurer of  the  county  (in  New
York  city  to  the  commissioner of finance) and shall become a part of
such trust fund.  The proper local county or city authorities are hereby
authorized and directed to make such appropriations of funds as  may  be
necessary for this purpose.  Said treasurer (or commissioner of finance)
shall  keep  a  separate account of such trust funds and report annually
thereon as required by law in reference to  other  trust  funds  in  his
2.  All  assurance funds held by the treasurer of the county or in New
York city by the commissioner of finance, pursuant to this  section  for
more  than  six  years shall be deemed surplus. All monies in said fund,
which have been deemed surplus, or so much thereof as may be  necessary,
shall be made available on January first, nineteen hundred ninety-seven,
and  shall  be  used  to  cover  the costs incurred while performing the
transfers required by section four hundred thirty-six of  this  article.
Provided  there  are no claims filed against said fund that would affect
release, such remaining surplus funds may be released by such  treasurer
or  commissioner of finance and paid into the general fund of the county
or city.   If a claim is filed against  such  fund  subsequent  to  such
release,  the general fund of such county shall repay the assurance fund
such released funds with interest thereon at the prevailing rate  up  to
the  amount of released funds sufficient to cover payments made pursuant
to such claim.
3. All such assurance funds created by any county  or  city  shall  be
terminated  on January first, two thousand six, and all remaining monies
are to be transferred to the general fund of the county or city.
§  427.  Compensation  from  assurance  fund.  Any person who, without
negligence on his part, sustains loss or damage or is deprived  of  real
property,  or  of  any  estate, right or interest therein because of the
registration of another person as owner of  such  property,  or  of  any
estate,  right, or interest therein, through fraud, or in consequence of
any error, omission, mistake or misdescription  in  any  certificate  of
title  or  in  any  entry of or memorial in the title book, shall have a
cause of action against the county  treasurer  (in  New  York  city  the
commissioner  of  finance)  to  recover  compensation  for  such loss or
§  428.    Action  against  assurance  fund.    Any  allowed claim for
indemnity shall be paid in the same manner as other claims  against  the
county.    In  the  city  of  New  York a claim shall be passed upon and
approved by the city register and by the corporation counsel of the city
before payment is allowed.   The rejection of  a  claim  by  the  proper
county  officials  (or  in the city of New York by the city register and
corporation counsel) shall not preclude the claimant  from  bringing  an
action  to  recover  such  claim.    No claim or judgment on a claim for
indemnity shall be binding on the county or on the county treasurer  (in
New  York  city the commissioner of finance) for an amount exceeding the
amount credited to the assurance fund.  If the amount  credited  to  the
assurance fund is insufficient to pay the claim or judgment in full, the
unpaid  balance  shall bear interest at the legal rate and shall be paid
out of the first moneys coming into said assurance fund or the county or
city general fund after the assurance fund has been terminated  pursuant
to  section  four  hundred  twenty-six  of this article. If any right of
action against any person for damages for negligence or other cause,  or
under  any  covenant  or  contract of warranty or guaranty or otherwise,
exists in favor of the person to whom  indemnity  is  paid,  the  county
treasurer (in New York city the commissioner of finance) shall be deemed
to  be  subrogated  to  such  right  and  may bring an action to recover
thereunder.  Any amounts recovered by the county treasurer (in New  York
city the commissioner of finance) under such an action shall be credited
to the account of the assurance fund.  Until the assurance fund provided
as  aforesaid  shall have been exhausted, payment for any such losses or
damages shall be made out of such fund.
§  429.    Restrictions  on claims against assurance fund.   No person
shall recover from the assurance fund, or the  county  or  city  general
fund  after  the  assurance fund has been terminated pursuant to section
four hundred twenty-six of this article, any greater sum than  the  fair
market  value of the property at the time the right to bring such action
first accrued. Any action or proceeding to recover damages  out  of  the
assurance  fund  shall  be commenced within six years from the time when
the right to begin the same accrued, and not afterward,  and  such  time
shall not be extended because of any disability.