2023 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 noncitizen 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 noncitizen 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 noncitizen property
custodian,  with  like  effect  as  if the same had been executed by the
mortgagee, or the personal representative or assignee of such mortgagee.
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.