NY Real Prop L § 321 (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 321 - Recording Discharge of Mortgage.

§ 321. Recording discharge of mortgage. 1. The recording officer shall mark  on  the  record  of a mortgage the word "discharged" when there is presented to him a certificate or  certificates  signed  as  hereinafter provided,  and acknowledged or proved and certified in like manner as to entitle a conveyance to be recorded, specifying that  the  mortgage  has been paid or otherwise satisfied and discharged.  (a)  When  it does not appear from the record that any interest in the mortgage has been  assigned,  the  discharge  shall  be  signed  by  the mortgagee or by his personal representative.  (b)  When  it  appears  from  the  record  that  the mortgage has been assigned, whether or not the assignment was made as collateral security, the discharge shall be signed by the person who appears from the  record to be the last assignee thereof or by his personal representative.  (c)  When  the  mortgage  or  an  assignment thereof names two or more persons as mortgagees or assignees, the discharge shall be signed by the person or persons designated by the mortgage or  assignment  to  receive payment  of  the mortgage debt or to give full acquittance and discharge therefor.  When no such person or persons are designated by the mortgage or assignment, the certificate of discharge shall be signed  by  all  of the  persons  named,  in  the  mortgage  or assignment, as mortgagees or assignees, as the case may be, or by their personal representatives,  if the  mortgage  or  assignment (i) specifies their respective interest in terms of a sum of money, or in terms of a  fraction  or  percentage,  or (ii)  states  that  such  persons  shall share equally in, or shall have equal shares in the mortgage, or (iii) describes such persons as tenants in common of the mortgage. When it appears  from  the  record  that  the mortgage  is  held  by  trustees,  the certificate of discharge shall be signed by a majority of such trustees or of the survivors of them or  by the  survivors  or  survivor of them, unless the instrument creating the trust provides otherwise. Except as required above, the discharge may be signed by any one of the persons named in the mortgage or assignment, as mortgagees or assignees,  as  the  case  may  be,  or  by  the  personal representative  of  the  last  survivor  of  them.  If  the  mortgage or assignment states that  the  persons  named  therein  as  mortgagees  or assignees  shall hold the mortgage jointly, or describes such persons as joint tenants or tenants by the entirety of the mortgage,  or  expressly creates  a right of survivorship among them, the discharge may be signed by any one of such persons or by the personal representative of the last survivor  of  them  notwithstanding  that  the  mortgage  or  assignment specifies their respective interests in the mortgage or states that they shall share equally or have equal shares therein.  (d)  When the mortgage has been partially assigned, the certificate of discharge shall be signed by all  of  the  persons,  or  their  personal representatives, who in the aggregate are the holders of all portions of the  mortgage, including each partial assignee, and the assignor in case any portion of the mortgage has not been  assigned;  provided,  however, that  if  any partial assignment names two or more persons as assignees, the person or persons who may  sign  the  certificate  discharging  such partial  interest  shall be determined in accordance with the provisions of paragraph (c) of this subdivision.  (e) Whenever two or more persons are required to execute a certificate of discharge as provided in this subdivision, there may be presented  in lieu  of such certificate, separately executed certificates of discharge as to the respective interests of each in the mortgage so that  together the several certificates purport to discharge the entire mortgage.  (f)  In  place of any of the persons specified in paragraphs (a), (b), (c) or (d) of this  subdivision,  a  certificate  of  discharge  of  the mortgage  or  of  any interest therein may be signed (i) by an agent who  has been authorized by any such person to demand or receive  payment  or to  give  a  certificate  of  discharge  of  the  mortgage by a power of attorney, provided such power of attorney is of  record  in  the  office where the mortgage is recorded, and no instrument of revocation has been recorded;  or  (ii)  by  any person in whom title to such mortgage or to such interest, or authority to act on behalf of or in  exercise  of  the right  or  power  of  the holder of such mortgage or of such interest is vested, in a fiduciary capacity, by virtue of an order or  decree  of  a court  having  jurisdiction  thereof, including, but not limited to, the guardian of a minor, the committee of  an  incompetent  person,  or  the conservator  of  a  conservatee,  whether  domestic  or  foreign,  and a receiver in bankruptcy or trustee in bankruptcy. A certificate  executed by  any  person  specified in clause (ii) of this paragraph shall recite the name of the court and the venue of  the  proceedings  in  which  his appointment was made, or the order or decree vesting him with such title or authority was entered.  (g)  If the mortgage is stated in the certificate of discharge to have been taken by the alien property custodian under  and  pursuant  to  the trading  with  the  enemy act adopted by the United States congress, and approved October sixth, nineteen hundred sixteen, or any act  amendatory thereof,  or  supplemental  thereto, such certificate may be executed by such alien property custodian  or  such  person  as  the  president  may appoint  to  give  full  acquittance and discharge for money or property belonging to an enemy or  ally  of  an  enemy  which  may  be  conveyed, assigned,  delivered  or  transferred  to said alien property custodian, with like effect as if the same had been executed by the mortgagee,  his personal  representative  or assignee. Such certificate may be recorded, and such certificate, the record thereof and a certified  copy  of  such record may be introduced in evidence in all courts of this state.   2. (a) The recording officer shall record and file such certificate or certificates  together with the certificates of acknowledgment or proof, and shall note  on  the  record  of  the  mortgage  the  book  and  page containing such record of such certificate or certificates or the serial number  of  such record in the minute of the discharge of such mortgage, made by the officer upon the record  thereof.  The  provisions  of  this paragraph  shall not apply to the county of Suffolk, if the block method of index is in use, or a separate index  of  satisfactions  recorded  is maintained.  (b)  The  recording  officer  shall also record every other instrument relating to a mortgage which is presented to him, acknowledged or proved in like manner as to entitle a  conveyance  to  be  recorded,  including certificates  purporting  to discharge a mortgage or an interest therein which are signed by persons other than  those  specified  in  the  first subdivision  of  this  section,  and also including, but not limited to, assignments,  releases,   partial   discharges,   reductions,   estoppel certificates,  extensions,  discharges  of  partial interest and partial discharges of partial interest, regardless by whom any  such  instrument has  been  executed.  When  any  such  instrument has been recorded, the recording officer, except in counties where the block method of indexing is in use, or in Suffolk county, if a separate index of said instruments is maintained, shall enter a minute upon the record of the  mortgage  to which  such instrument relates, indicating the nature of such instrument and the book and page where it has been recorded or the serial number of such record.   3. Every certificate presented  to  the  recording  officer  shall  be executed  and  acknowledged  or  proved  in  like manner as to entitle a conveyance to be recorded. If the mortgage has been assigned,  in  whole or  in part, the certificate shall set forth the date of each assignment  in the chain of title of the person or persons signing the  certificate, the  names  of the assignor and assignee, the interest assigned, and, if the assignment has been recorded, the book and page where  it  has  been recorded  or  the  serial number of such record; or if the assignment is being recorded simultaneously with the  certificate  of  discharge,  the certificate  of  discharge  shall so state. If the mortgage has not been assigned of record, the certificate shall so state.   No certificate presented to the recording  officer  shall  purport  to discharge  more  than  one  mortgage,  except  that  one certificate may purport to discharge two or more mortgages where the certificate  states that  one  of  such  mortgages  corrects, perfects or modifies the other mortgage or mortgages, or spreads the lien  of  the  other  mortgage  or mortgages  over  the  property  subject to the lien of such mortgage, or consolidates the lien of the other mortgage or mortgages with  the  lien of  such  mortgage to constitute a single lien, or where the certificate states that the liens of the mortgages which the certificate purports to discharge  have  been  so  spread  or  so  consolidated  by  a  separate instrument  and such instrument has been recorded; provided that in such case the certificate of  discharge  shall  identify  and  describe  each mortgage which it purports to discharge, in a separate paragraph, in the same  manner and with the same particularity, and setting forth the same information with respect to assignments thereof, as  would  be  required for  a  separate  certificate  discharging that mortgage, and shall also state, in a separate paragraph for each instrument, the date of any such separate instrument by which the liens of the mortgages have been spread or consolidated, the names of the parties thereto, and the book and page where it has been recorded or the serial number of such record.  In  any such  case, except where otherwise expressly provided by law, the fee or fees which the recording officer is entitled to receive for  filing  and entering  a  certificate  of  discharge  of  a  mortgage  and  examining assignments of such mortgage shall  be  payable  with  respect  to  each mortgage which the certificate purports to discharge, to the same extent as  if  a  separate  certificate  of  discharge  had been filed for such mortgage.   4. After the record of the mortgage has  been  marked  with  the  word "discharged," the recording officer shall make and deliver to any person tendering  the  lawful  fees therefor, his certificate setting forth the names of the mortgagor and the mortgagee, the book and  page  at  which, the  date  when  such  mortgage  was recorded, and the date on which the record of such  mortgage  was  so  marked,  except  in  a  county  where recording  is  done  by  microphotography  or photostating in the manner permitted by law, in which case, after microphotography or photostating, such certificate of discharge and the certificates of its acknowledgment or proof shall, in lieu of  filing  as  provided  in  paragraph  (a)  of subdivision  two  of this section, be returned to the party leaving same for record.   5. The term "personal representative" as used in  this  section  shall include the following:  (a)  An  executor,  administrator or voluntary administrator or one of two or  more  executors,  administrators  or  voluntary  administrators, whether  domestic or foreign, including the public administrator, and an ancillary administrator appointed in this state. A certificate  executed by  any  such personal representative shall recite the name of the court and the venue of the proceedings in which his letters testamentary or of administration were issued.  (b) All of the distributees of a person dying intestate  for  whom  no administrator  shall  have been appointed, provided that two years shall have elapsed since the date of death of such  intestate.  A  certificate  executed  by  such  distributees  shall  recite the date of death of the intestate, his place of residence at the time of death, the fact that he died intestate, that no administrator has been appointed and  that  they constitute all the distributees of the intestate.   6. The provisions of this section authorizing the recording officer to mark  on  the  record  of  a mortgage the word "discharged" shall not be deemed  to  enlarge,  diminish  or  alter  the  legal  effect  which   a certificate  executed  by  any person or persons, or any payment made by the mortgagor or other transaction with respect to the mortgage  or  the mortgage  debt, would otherwise have upon the rights of the mortgagor or of any person claiming a right or interest in the mortgage, the mortgage debt or the property subject to the mortgage.   7. In a county in which recording is accomplished by microfilm process and in which a block index of mortgages is also maintained it  will  not be  necessary  to  mark  the record of the mortgage "discharged", but it will be deemed sufficient compliance  with  this  section  if  there  is entered upon the block index of such mortgage the date of filing and the serial number of the certificate effecting the discharge.   7-a.  If in any county, recording is accomplished by microfilm process and a separate index for satisfactions  recorded  is  maintained  or  in which  a  block  index  of  mortgages  is also maintained it will not be necessary to mark the record of the mortgage "discharged", but  it  will be  deemed  sufficient  compliance with this section if there is entered upon the index of such mortgage the date of filing and the serial number of the certificate effecting the discharge.   8. Certificates of discharge of mortgage  and  certificates  of  their acknowledgment  or proof heretofore or hereafter recorded and filed, may be returned personally or by mail to the party leaving same  for  record or destroyed after microfilming or photostating where proper indices are maintained.