Title RPP, Real Property

§ 405. Registered property subject to same rights and burdens as unregistered property. Registered real property and every estate, right and interest therein shall be in all respects subject to the same rights, burdens and incidents as unregistered real property, except as other…

§ 406. Transfers of registered property. A registered owner of real property, in order to transfer his whole estate or interest therein, or any part or parcel thereof, or any undivided interest therein, shall execute to the intended transferee a deed or instrument of conveyance …

§ 407. Certificate as to part of property remaining after transfer. When only a part of the property described in a certificate is transferred, and the description of the property is other than full or specified parts of lots on a map duly filed in the office of the county clerk…

§ 409. Filing, entering and indexing papers pursuant to this act; tickler certificate. Every paper filed with the registrar shall be given a serial number in the order of its filing, and then shall be entered by the registrar in an "entry book" under columns showing: First. The …

§ 409-a. Entries in other indexes. Upon the filing of a notice of petition and pendency of proceeding in the office of the registrar, the recording officer of the county or counties in which the land title to which is sought to be registered is located shall make an entry of the…

§ 410. Notice of filed papers. All papers filed by the registrar, and indexed and entered by him pursuant to this article, shall be of equal effect as to notice, in the order of their filing as shown by their filing numbers, as are similar papers when recorded by county clerk or…

§ 411. Addresses of interested parties; notice. On every paper or instrument filed with the registrar there shall be indorsed the name, place of residence with street number, if any, and post-office address of the person in whose behalf it is filed. The address may be changed fr…

§ 412. When a transfer is deemed to be registered. Every transfer of registered property shall be deemed to be registered under this article when such document has been filed of record, in the office of the registrar of the county where the property is located and a serial numbe…

§ 413. New certificates of title. Upon the application of any owner of registered property held under one or more certificates of title and delivering up of such certificate or certificates, the registrar shall issue to such owner, at his option, separate certificates, each for …

§ 414. Loss of duplicate certificate. If any duplicate certificate of title is lost or destroyed, the owner of the property or the current grantee with proper certified deeds may file with the registrar a verified petition. Such petition shall conform to the form annexed hereto,…

§ 415. Mortgages, leases and other liens and charges; may be registered. Any mortgage, lease for a term of over one year, contract to sell or other instrument intended to create a lien, incumbrance, trust or charge on registered property or any right or interest therein, may be …

§ 416. Proceedings to register mortgage, lease or other lien or charge. On the filing of the instrument creating such mortgage, lease or other lien or charge in the registrar's office and the production of the duplicate certificate of title, he shall enter upon the certificate o…

§ 417. Judgments, decrees, attachments and other liens to be noted on certificate. No judgment, decree, attachment, execution, mechanic's lien, or other lien or charge, which may affect or be a lien or charge upon real property in this state, shall be or become a lien or charge …

§ 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 assign…

§ 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, du…

§ 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 foreclo…

§ 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 b…

§ 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…

§ 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, …

§ 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: FORM Article 12, Section…

§ 424. Transfer on death deed. 1. Definitions. For the purposes of this section the following terms shall have the following meanings: (a) "Beneficiary" means a person who receives property in a transfer on death deed. (b) "Designated beneficiary" means a person designated to re…

§ 426. Assurance fund. 1. Upon the original registration of real\nproperty, there shall be paid to the registrar one-tenth of one per\ncentum of the value thereof on the basis of the last assessment for\nlocal taxation, as an assurance fund for land registered in his county.\nSu…

§ 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…

§ 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 pay…

§ 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 marke…

§ 430. Penalties for fraudulent acts or false certificates. Whoever fraudulently procures or assists in fraudulently procuring, or is intentionally privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the registration or other b…

§ 431. Forgery and fraudulent stamping; penalty. Whoever forges, or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, handwriting of any officer of the registrar's office; or fraudulently stamps or procures to be stamped, or assists…

§ 432. Fees to be charged. The following fees shall be charged by\nregistrars for the various services performed pursuant to this article:\n (a) Filing the notice of petition, including entering it in the entry\nbook, indexing it in all indexes, and entering it in the tickler\nc…

§ 433. Construction of article. This article shall be construed liberally, so far as may be necessary for the purpose of effecting its general intent.

§ 434. Form for official examiner's report of title. The examiner's report of title shall be in appropriate form to set forth the matters required by this article. The registrar of any county is authorized to have forms prepared and printed for the examiner's report of title and…

§ 435. Form for certificate of title. The registrar's certificate title shall be in the following form: No. ....... First registered ........... CERTIFICATE OF TITLE. (First Certificate) or (Transfer from No. ............) .............. .........................................…

§ 436. Termination of title registration procedures. 1. As used in this section: a. "Adverse instrument" means any document, instrument or paper that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent…

§ 440. Definitions. 1. Whenever used in this article "real estate broker" means any person, firm, limited liability company or corporation, who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys…

§ 440-a. License required for real estate brokers and salespersons. No person, co-partnership, limited liability company or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out or act temporarily or otherwise as a real estate brok…

§ 440-b. Licenses in Putnam county. On and after the first day of July, nineteen hundred thirty-four, no person, copartnership or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out temporarily or otherwise as a real estate broke…

§ 441. Application for license. 1. Form. (a) Any person, copartnership, limited liability company or corporation desiring to act as a real estate broker or any person desiring to act as a real estate salesperson on or after the first day of October, nineteen hundred twenty-two, …

§ 441-a. License and pocket card. 1. The department of state, if satisfied of the competency and trustworthiness of the applicant, shall issue and deliver to them a license in such form and manner as the department shall prescribe, but which must set forth the name and principal…

§ 441-b. License fees. 1. The fee for a license issued or reissued under the provisions of this article entitling a person, co-partnership, limited liability company or corporation to act as a real estate broker shall be one hundred fifty-five dollars plus an additional thirty d…

§ 441-c. Revocation and suspension of licenses. 1. Powers of department. (a) The department of state may revoke the license of a real estate broker or salesperson or suspend the same, for such period as the department may deem proper, or in lieu thereof may impose a fine not exc…

§ 441-d. Salesperson's license suspended by revocation or suspension of employer's license. The revocation or suspension of a broker's license shall operate to suspend the license of each real estate salesperson associated with such broker, pending a change of association of the…

§ 441-e. Denial of license; complaints; notice of hearing. 1. Denial of license. The department of state shall, before making a final determination to deny an application for a license, notify the applicant in writing of the reasons for such proposed denial and shall afford the …

§ 441-f. Judicial review. The action of the department of state in granting or refusing to grant or to renew a license under this article or in revoking or suspending such a license or imposing any fine or reprimand on the holder thereof or refusing to revoke or suspend such a l…

§ 442. Splitting commissions. 1. No real estate broker shall pay any part of a fee, commission or other compensation received by the broker to any person for any service, help or aid rendered in any place in which this article is applicable, by such person to the broker in buyin…

§ 442-a. Compensation of salespersons; restrictions. No real estate salesperson in any place in which this article is applicable shall receive or demand compensation of any kind from any person, other than a duly licensed real estate broker with whom they associated, for any ser…

§ 442-b. Discontinuance or change of salesperson's association; report. When the association of any real estate salesperson shall have been terminated for any reason whatsoever, their broker shall forthwith notify the department of state thereof in such manner as the department …

§ 442-c. Violations by salespersons; broker's responsibility. No violation of a provision of this article by a real estate salesperson or employee of a real estate broker shall be deemed to be cause for the revocation or suspension of the license of the broker, unless it shall a…

§ 442-d. Actions for commissions; license prerequisite. No person, copartnership, limited liability company or corporation shall bring or maintain an action in any court of this state for the recovery of compensation for services rendered, in any place in which this article is a…

§ 442-e. Violations. 1. Misdemeanors; triable in court of special sessions. Any person who violates any provision of this article shall be guilty of a misdemeanor. The commission of a single act prohibited by this article shall constitute a violation hereof. All courts of specia…

§ 442-f. Saving clause. The provisions of this article shall not apply to receivers, referees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or public officers while performing their official duties, or att…

§ 442-g. Nonresident licensees. 1. A nonresident of this state may\nbecome a real estate broker or a real estate salesperson by conforming\nto all of the provisions of this article, except that a nonresident\nbroker regularly engaged in the real estate business as a vocation who…