NY Real Prop Actions L § 1931 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 19 - Discharge or Extinguishment of Encumbrances, Claims and Interests 1931 - Discharge of Record of Ancient Mortgages Presumed Paid.

§  1931.  Discharge  of record of ancient mortgages presumed paid.  1.   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.