Title RPP, Real Property

§ 260. Lands adversely held may be conveyed or mortgaged. No grant,\nconveyance or mortgage of real property or interest therein shall be\nvoid for the reason that at the time of the delivery thereof such real\nproperty is in the actual possession of a person claiming under a ti…

§ 261. Maintenance of telegraph or other electric wires raises no\npresumption of grant. Whenever any wire or cable used for any telegraph,\ntelephone, electric light or other electric purpose, or for the purpose\nof communication otherwise than by the aid of electricity, is or …

§ 265. Fraudulent intent, question of fact. The question of fraudulent\nintent in a case arising under this article, shall be deemed a question\nof fact and not of law; and a conveyance or charge shall not be adjudged\nfraudulent as against creditors, purchasers or incumbrancers…

§ 265-a. Home equity theft prevention. 1. (a) The legislature finds\nand declares that homeowners who are in default on their mortgages or in\nforeclosure may be vulnerable to fraud, deception, and unfair dealing by\nhome equity purchasers. The recent rapid escalation of home va…

§ 265-b. Distressed property consulting contracts. 1. Definitions. The\nfollowing definitions shall apply to this section:\n (a) "Homeowner" means a natural person who is the mortgagor with\nrespect to a distressed home loan or who is in danger of losing a home\nfor nonpayment o…

§ 266. Rights of purchaser or incumbrancer for valuable consideration\nprotected. This article does not in any manner affect or impair the\ntitle of a purchaser or incumbrancer for a valuable consideration,\nunless it appears that such purchaser or incumbrancer had previous\nnot…

§ 267. Conveyances with power to revoke, determine or alter. A\nconveyance of, or charge on, an estate or interest in real property,\ncontaining a provision for the revocation, determination or alteration\nof the estate or interest, or any part thereof, at the will of the\ngrant…

§ 268. Disaffirmance of fraudulent act by executor and others. An\nexecutor, administrator, receiver, assignee or other trustee, may, for\nthe benefit of creditors, or of others interested in real property held\nin trust, disaffirm, treat as void and resist any act done or trans…

§ 269. When remainderman may pay interest owed by life tenant.\nWhenever real property held by any person for life is incumbered by\nmortgage or other lien, the interest on which should be paid by the life\ntenant, and such life tenant neglects or refuses to pay such interest,\n…

§ 270. Powers of courts of equity not abridged. Nothing contained in\nthis article abridges the powers of courts of equity to compel the\nspecific performance of agreements in cases of part performance.\n

§ 271. Construction of covenants in mortgages on leases of real\nproperty and bonds or notes. In mortgages on leases of real property and\nin bonds or notes secured thereby, the following or similar covenants or\nagreements must be construed as follows:\n 1. In default of paymen…

§ 272. Construction of grant of appurtenances, and all of the rights\nand estate of the mortgagor. In any mortgage on a lease of real property\nthe words "together with the appurtenances and all the estate and rights\nof the part ...... of the first part of, in and to said premi…

§ 273. What form of mortgage on lease of real property. The use of the\nfollowing form of instrument for mortgages on leases of real property is\nlawful, but this section does not prevent or invalidate the use of other\nforms.\n SCHEDULE D.\n MORTGAGE ON LEASE OF REAL PROPERTY.\…

§ 274. Transfers and mortgages of interest in decedents' estates.\nEvery conveyance, assignment, or other transfer of, and every mortgage\nor other charge upon the interest, or any part thereof, of any person in\nthe estate of a decedent which is situated within this state, shal…

§ 274-a. Certificate of principal amount unpaid on mortgages of real\nproperty. 1. The holder of a mortgage upon real property shall execute\nand deliver to the owner of the real property upon which such mortgage\nis a lien a written instrument setting forth the amount of the pr…

§ 275. Certificate of discharge of mortgage required. 1. Whenever a\nmortgage upon real property is due and payable, and the full amount of\nprincipal and interest due on the mortgage is paid, a certificate of\ndischarge of mortgage shall be given to the mortgagor or person\ndes…

§ 276. Effect of certain easements on the right to invest in\nmortgages. The existence of an easement in real property acquired or\nreserved by a municipal corporation, a railroad corporation or other\ntransportation corporation, shall not be deemed an encumbrance upon such\nrea…

§ 277. Modification and extension of mortgage investment. 1.\nCorporations, trustees, executors, administrators, guardians,\ncommittees, conservators and other persons holding trust funds, savings\nbanks and other corporations that shall have made or shall own or hold\nan invest…

§ 277-a. Powers of fiduciaries and others holding guaranteed mortgages\nor mortgage investments. Trustees, executors, administrators, guardians,\ncommittees for incompetents, conservators of conservatees and all other\npersons acting in any fiduciary capacity, including all offi…

§ 278. Exchange of mortgage investment. Trustees, executors,\nadministrators, guardians, committees, conservators, receivers, the town\ntreasurer of any town and other persons and corporations holding trust\nfunds, corporations and private bankers organized under or subject to\n…

§ 278-a. Sale or exchange of certain real property or mortgage\ninvestments therein authorized. Trustees, executors, administrators,\nguardians, committees, conservators and all other persons or\ncorporations holding trust funds or acting in a fiduciary capacity,\ncorporations a…

§ 279. Graduated payment mortgage. 1. A "graduated payment mortgage"\nmeans a mortgage which provides: (i) monthly payments of principal and\ninterest which are lower during the initial years of the mortgage; and\n(ii) that the graduation rate for the monthly payments, the term …

§ 280. Reverse mortgage loans for persons sixty years of age or older.\n1. For purposes of this section the following terms shall have the\nfollowing meanings:\n (a) Reverse mortgage loans. A loan which is secured by a first\nmortgage on real property improved by a one- to four-…

§ 280-a. Reverse mortgage loans for persons seventy years of age or\nolder. 1. For purposes of this section, the following terms shall have\nthe following meanings:\n (a) Reverse mortgage loan. A loan which is secured by a first mortgage\non real property improved by a one to fo…

§ 280-b. Federal home equity conversion mortgage regulation. 1. For\nthe purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) Reverse mortgage loan. A reverse mortgage loan as defined in\nsection two hundred eighty of this article, which is iss…

§ 280-d. Federal home equity conversion mortgage default and\nforeclosure regulation. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) Reverse mortgage loan. A reverse mortgage loan as defined in\nsection two hundred eighty of th…

§ 281. Credit line mortgage. 1. (a) For the purposes of this section,\na "credit line mortgage" shall mean any mortgage or deed of trust, other\nthan a mortgage or deed of trust made pursuant to a building loan\ncontract as defined in subdivision thirteen of section two of the l…

§ 282. Mortgagor's right to recover attorneys' fees in actions or\nproceedings arising out of foreclosures of residential property. 1.\nWhenever a covenant contained in a mortgage on residential real property\nshall provide that in any action or proceeding to foreclose the mortg…

§ 283. Limits on amount of flood insurance required by mortgagee. No\nmortgagee shall require a mortgagor to whom the mortgagee makes,\nincreases, extends, or renews any loan or line of credit secured by\nimproved residential real property to purchase or pay for flood\ninsurance…

§ 290. Definitions; effect of article. 1. The term "real property," as\nused in this article, includes lands, tenements and hereditaments and\nchattels real, except a lease for a term not exceeding three years.\n 2. The term "purchaser" includes every person to whom any estate o…

§ 291. Recording of conveyances. A conveyance of real property, within\nthe state, on being duly acknowledged by the person executing the same,\nor proved as required by this chapter, and such acknowledgment or proof\nduly certified when required by this chapter, may be recorded…

§ 291-a. Recording conveyances of land in towns in Chautauqua county;\nduties of county and town clerks. 1. Every deed and will relating to\nreal property in Chautauqua county, outside the cities of Jamestown and\nDunkirk, and every judicial decree establishing the right of inhe…

§ 291-b. Recording conveyances of land in towns in Cattaraugus county;\nduties of county and town clerks. Every deed and will relating to real\nproperty in Cattaraugus county, outside the cities of Olean and\nSalamanca, and every judicial decree establishing the right of\ninheri…

§ 291-c. Recording memoranda of leases. In lieu of the recording of a\nlease for a term exceeding three years, pursuant to section two hundred\nninety-one of this chapter, there may be recorded with like effect a\nmemorandum of such lease, executed by all persons who are parties…

§ 291-cc. 1. Recording modifications of leases. Where a lease or\nmemorandum of such lease has been recorded, an unrecorded agreement\nmodifying such lease or memorandum is void as against a subsequent\npurchaser in good faith and for a valuable consideration, and the\npossessio…

§ 291-d. Recording of master forms of mortgage covenants and clauses;\nincorporation thereof by reference. 1. An instrument containing a form\nor forms of mortgage covenants, conditions, obligations, powers,\nreleases, and other clauses may be recorded in the office of the\nreco…

§ 291-e. Exceptions, reservations and recitals referring to unrecorded\nconveyances and contracts for sale of real property. 1. This section\napplies to any language, contained in a conveyance of real property in\nthis state, which (a) excepts or reserves a part or any or all pa…

§ 291-f. Rights where recorded mortgage restricts landlord's action in\nrespect to leases. An agreement, referring to this section, contained\nin a recorded mortgage of real property, or in a recorded instrument\nrelating to such mortgage, restricting the right or power, as agai…

§ 291-g. Recording insurance information. Every owner of a multiple\ndwelling, as defined in subdivision two of section two hundred\nthirty-nine-a of this chapter, which is located in a city with a\npopulation in excess of one million persons shall file with the\ndepartment of h…

§ 291-h. Recording of liens by the state. The state may cause to be\nfiled in the appropriate office of the city register of the city of New\nYork or in the county clerk's office of the county of Richmond or in the\ncounty clerk's office of any other county of the state where th…

§ 291-i. Validity of electronic recording. 1. Notwithstanding any law\nto the contrary, (a) where a law, rule or regulation requires, as a\ncondition for recording, that an instrument affecting real property be\nan original, be on paper or another tangible medium or be in writin…

§ 291-j. Recording of declarations by the New York state energy\nresearch and development authority. Pursuant to subdivision five of\nsection eighteen hundred ninety-six of the public authorities law, the\nNew York state energy research and development authority shall record or\…

§ 292. By whom conveyance must be acknowledged or proved. Except as\notherwise provided by this article, such acknowledgment can be made only\nby the person who executed the conveyance, and such proof can be made\nonly by some other person, who was a witness of its execution, an…

§ 292-a. Conveyances by certain corporations executed and\nacknowledged by attorneys in fact entitled to recordation. A conveyance\nof real property, within the state, or of any interest therein,\nincluding an instrument discharging or satisfying a lien created by any\nsuch conv…

§ 293. Recording of conveyances heretofore acknowledged or proved. A\nconveyance of real property, within the state, heretofore executed, and\nheretofore acknowledged or proved, and certified, so as to be entitled\nto be read in evidence, or recorded, under the laws in force at …

§ 294. Recording executory contracts and powers of attorney. 1. An\nexecutory contract for the sale, purchase or exchange of real property,\nor an instrument canceling such a contract, or an instrument containing\na power to convey real property, as the agent or attorney for the…

§ 294-a. Recording assignments of rent. 1. An assignment of rent to\naccrue from tenancies, subtenancies, leases or subleases of real\nproperty, irrespective of the term of their duration, in existence at\nthe time of the assignment, made, subscribed and acknowledged or proved,\…

§ 294-b. Recording brokers affidavit of entitlement to commission for\ncompleted brokerage services. 1. A duly licensed real estate broker who\nasserts that he or she has produced a person who was ready, able and\nwilling to purchase or lease all or any part of a parcel of real\…

§ 295. Recording of letters patent. Letters patent, issued under the\ngreat seal of the state, granting real property, may be recorded in the\ncounty where such property is situated, in the same manner and with like\neffect, as a conveyance duly acknowledged or proved and certif…

§ 296. Recording copies of instruments which are in secretary of\nstate's office. A copy of an instrument affecting real property, within\nthe state, recorded or filed in the office of the secretary of state,\ncertified in the manner required to entitle the same to be read in\ne…