This compilation of recommended practices, assembled by The New York State Land Title Association, Inc., is for use by all title insurers doing business in New York State. The purpose of this compilation is to simplify and expedite the title examination and underwriting process for those seeking title insurance services.
These practices are suggested guidelines for the disposition of title problems. Their use is optional, subject to the discretion of individual insurers.
The final disposition of particular title problems is based on the evaluation and requirements established by the underwriting department of the insuring company.
G-1 Building Department Notice of Pendency
G-2 Deed from Fiduciary — Consideration
G-3 Delivery Question
G-4 Expired City of New York Unsafe Building Notice of Pendency (Lis Pendens)
G-5 Financing Statements UCC-1 (s)
G-6 Guardian — Conveyance By a Guardian -Mental Hygiene Law
G-7 Infants, Incompetents — Deed By
G-8 Limited Partnership
G-9 Merged Mortgage & Fee — See also L&J-6
G-10 Notice of Pendency — Open Mortgage or Mechanic's Lien Discharged — See also L&J-6
G-11 Notice of Pendency — Unsafe Building Violations (Lis Pendens)
G-12 Publication of Judicial Sales in Five Counties of New York City or Nassau County in NY Law Journal
G-13 Sheriff's Execution Sales — Prior Judgments
G-14 Stock Replaced by Real Estate
G-15 Tax Sales — Right of Re-Entry
G-16 Tax Titles
C-1 Corporate Seal
C-2 Corporation Deed to a Company Officer
C-3 Corporation — Deeds Dated Prior to Incorporation
C-4 Franchise Taxes
C-5 Interlocking Directors of Stockholders
C-6 Old Corporations
Descriptions and Boundaries
D&B-1 Description — Defect Caused by Change in Street Lines
D&B-2 Description — Variance Between Streets on Filed Map and in Particular Description
D&B-3 Effect of "Same As" Recital in Deed
D&B-4 Fence Variations
D&B-5 Insuring Gores in Record Title
D&B-6 Party Walls
D&B-7 Reciprocal Driveway Easements
D&B-8 Variation Between Record Description and Tax Map
Estate Administration and Taxes
E-1 Administrator's Deed — Bond
E-2 Conveyance in Contemplation of Death
E-3 Federal Estate Taxes
E-4 Inheritance by Surviving Spouse
E-5 New York Estate Tax — Death After July 1, 1978
E-6 Posthumous and Afterborn Children
E-7 Power of Sale — Ancillary Letters of Probate
E-8 Probate of Wills
E-9 Proof of Heirship
E-10 Proof of Heirship & Death of Joint Tenant
E-11 Proof of Payment of Legacies
E-12 Public Administrator's Sales
E-13 Public Administrator's Sales � Acting in Fiduciary Capacity
Liens and Judgments
L&J-1 Federal Tax Liens
L&J-2 Federal Tax Liens Filed Between Date of Mortgage and Recording
L&J-3 Judgments Against Partners
L&J-4 Judgments Entered Between Date of Deed or Mortgage and Recording
L&J-5 NYC Liens and Judgments Duration
L&J-6 Priority of a Purchase Money Mortgage Over Judgments Against the Mortgagor
L&J-7 Surety Bond Liens — When Disregarded
Mortgages and Foreclosure of Mortgages
M-2 Foreclosure in Federal Courts
M-3 Foreclosure — Parties — Successors of Deceased Mortgagee
M-4 Assignments of Judgment to United States of America
M-5 Mortgage Satisfaction by Affidavit RPAPL Section 1921
M-6 Release in Lieu of Satisfaction of Mortgage
M-7 Small Ancient Mortgages
M-8 Unrecorded Mortgage
G-1 BUILDING DEPARTMENT NOTICE OF PENDENCY (LIS PENDENS)
A Notice of Pendency to enforce Building Department violations will be disregarded if a search shows that the violations which are the subject of the notice of pendency are no longer pending.
G-2 DEED FROM FIDUCIARY — CONSIDERATION
Where a deed from a fiduciary recites only a nominal consideration no exception as to adequacy of consideration will be raised if the deed is on record for more than 10 years.
G-3 DELIVERY QUESTION
Where there is a time lapse between the date of a deed and the date of its recording, no objection will be raised where the deed has been on record for more than ten (10) years. If the deed has been on record for ten (10) years or less, the period search in a Surrogate's office should be completed against the grantor from the date of the instrument to the date of recording in the county where the grantor resides and in the county where the property is situated. If no death was found then the question should be passed unless the grantee, or some one connected with him, was still in title and more definite information could therefore be obtained, or unless the death of the grantor is definitely known.
The question of delivery should not be raised where the interval between the date of the deed and the recording date thereof was less than thirty (30) days unless there was affirmative knowledge of the death of the grantor prior to recording. Under this 30-day period no Surrogate's search will be made.
The question of delivery should not be raised where the interval between the date of the deed and the recording date thereof was greater than thirty (30) days where the public record evidences a purchase money mortgage to an institutional lender or the seller(s) which is dated contemporaneously with the deed.
G-4 EXPIRED CITY OF NEW YORK UNSAFE BUILDING NOTICE OF PENDENCY (LIS PENDENS)
In the City of New York, an Unsafe Building Notice of Pendency filed for more than one year may be passed if:
Within one year from its filing a final judgment has not been entered in said proceeding directing the demolition of the structure; and
Searches have been made for the period of one year from the date of filing of the Unsafe Building Notice with nothing found:
against the name of the record owner(s) of the property at the time of the filing of the Notice of Pendency, or any person or entity who acquired title to the premises during said year, for money judgments or warrants docketed in favor of the City of New York Building Department or Department of Housing Preservation and Development;
against the subject premises for charges fees or expenses posted in the office of the Department of Buildings related to the Unsafe Building Notice; and
against the subject premises for Relocation Liens filed by the Commissioner of Housing Preservation and Development for relocation services in connection therewith.
G-5 FINANCING STATEMENTS UCC-1(s)
Financing Statements will be passed where they are on file for more than five (5) years and there was a change of ownership or there would be a change on the closing. Where, however, the transaction was to insure a mortgage and there was to be no change of ownership, then the Financing Statements will be expected unless they are on file for more than five (5) years and 30 days and have not been renewed.
Exception: Financing Statements are effective until terminated when filed against a cooperative apartment unit and/or the shares and interest of a leasee under a proprietary lease of a cooperative corporation.
G-6 GUARDIAN CONVEYANCE BY A GUARDIAN — MENTAL HYGIENE LAW
Note: The entire structure of the Mental Hygiene Law was changed effective April 1, 1993. Section 77 and 78 which dealt with conservators and committees was repelled on the same date that Section 81 became effective.
The persons acting as conservators or committees may continue to perform under the existing orders until modified or abrogated by a court. Any other statutes referring to conservators or committees are deemed to refer to guardians.
Among the things which have to be considered:
The courts which have jurisdiction under the new law are:
In New York City — the Supreme Court
Outside New York City — the County Court
The Surrogates Court where a guardian is needed to receive money or property.
There are provisions for hearings and trials where necessary. The persons who may be involved include:
The affected party.
Members of the family.
Heirs designated by will.
A Court appointed Evaluator.
In certain circumstances, a Special Guardian.
The affected party has the right to have counsel.
The petitioner has the burden of proof by clear and convincing evidence of the necessity to appoint a guardian or co-guardians.
The basic policy of law is to provide for the least restrictive order possible.
There is provision for a bond unless waived.
The appointment of a guardian does not create the presumption that the incapacitated party is not required to consent to property transfer.
G-7 INFANTS, INCOMPETENTS — DEED BY
Deeds executed by guardians, committees or attorneys in fact in behalf of their respective wards, incompetents or principals, instead of in their names by such representatives will not be deemed an objection to title where the instrument recites the source of authority for the act and the instruments have been properly indexed on the record against the respective infant, incompetent or principal.
G-8 LIMITED PARTNERSHIP
When a limited partnership takes title to real estate, the failure to commence or to complete the publication required by the Partnership Law before title passes to the partnership may be disregarded if the publication is ultimately commenced and completed.
G-9 MERGED MORTGAGE & FEE
A mortgage may be disregarded where the mortgage and fee title came into the same ownership of record more than 10 years ago without any recital of non-merger, where such owner is no longer in title and where the chain of title subsequent to the original common ownership of the fee and the mortgage contains no recital of, or reference to such mortgage. Proof is also to betaken from the last owner that no demand has been made for payment, that no payment has been made of principal for interest, and that such last owner has not acknowledged the debt.
G-10 NOTICE OF PENDENCY — OPEN MORTGAGE OR MECHANIC'S LIEN DISCHARGED
If (1) a judgment has not been entered, or if entered, was entered more than six years ago and (2) a receiver has not been appointed, or if appointed, has been discharged by court order and (3) the mortgage or mechanic's lien has been satisfied prior to the pending transaction, the notice of pendency in an action to foreclose the mortgage or mechanic's lien will be disregarded.
G-11 NOTICE OF PENDENCY — UNSAFE BUILDING VIOLATION (LIS PENDENS)
On an unsafe building violation where the violation for which the notice of pendency was filed is no longer in effect against the building and title came through an in rem sale through the City of New York subsequent to such notice of pendency, the notice of pendency will be deemed merged and will not be deemed an objection of title. (Note: This standard is not to be followed where there is a conveyance by the City to any of the parties permitted to acquire title pursuant to Sec. D17-25.0of the N.Y.C. Administration Code.)
G-12 PUBLICATION OF JUDICIAL SALES IN THE FIVE COUNTIES OF NEW YORK CITY OR NASSAU COUNTY SALES IN NEW YORK LAW JOURNAL
Where a Supreme Court Justice in the five counties of New York City or Nassau County designates the New York Law Journal as a paper for publication for the judicial sale of property in such county or where the Surrogate of the five counties of New York City or Nassau County designates the New York Law Journal as a paper for publication of notices under the Surrogate's Court Procedure Act for the publication of Surrogate Court citations, (with the exception of notices under Section 1801 of the Surrogate's Court Procedure Act) such publication will be deemed publication in a proper newspaper.
G-13 SHERIFF'S EXECUTION SALES — PRIOR JUDGMENTS
No objection will be raised to an insured title which has come through a sheriff's execution sale provided that the judgment under which the sale was had was obtained by personal service, by actual delivery to the defendant, there were no other judgment creditors, no other subordinate liens at the time of the execution sale, that the owner at the time of the execution sale was the debtor, and the execution sale has been properly brought and the purchaser under such sale or his successor in title is in possession.
G-14 STOCK REPLACED BY REAL ESTATE
When a custodian or general guardian holds stock in a corporation for the benefit of an infant and the corporation in liquidation conveys to the custodian or guardian an interest in real property represented by his proportionate share, the custodian or guardian can sell such real estate interest without securing a court order to sell. The same rule is applicable where an administrator or executor of an estate holds stock in a corporation which is liquidated and an interest in real estate replaces stock in the hands of the administrator or executor.
G-15 TAX SALES — RIGHT OF RE-ENTRY
In a title made through a tax sale or through a foreclosure of a tax lien, by an In Rem Proceeding or otherwise, a right of re-entry created 10 years prior to such tax proceeding will be passed even though the taxes in question accrued subsequent to the instrument reserving the right of re-entry and even though the right of re-entry was reserved as a means of enforcing the restrictive covenants. However, the restrictive covenants, as distinguished from the right of re-entry, will not be disregarded.
G-16 TAX TITLES
When title to property is made through a recorded tax deed properly describing the property under examination, and ten years have elapsed since the recording of such deed, the title will be insured without requirement of an action to perfect the tax title, unless it is established that the tax for the year which resulted in the sale was paid before the sale either directly or under another assessment for the same tax.
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C-1 CORPORATE SEAL
A corporate instrument may be passed where no corporate seal was affixed.
C-2 CORPORATION DEED TO A COMPANY OFFICER
A deed from a corporation to a grantee who from the record, appears to be an officer, director or stockholder of the grantor corporation or a grantee obviously related to such a person, may be passed without question where title has reached a purchaser for value.
C-3 CORPORATION — DEEDS DATED PRIOR TO INCORPORATION
When a deed is dated and recorded before the certificate of incorporation of the grantee is filed in the office of the Secretary of State and a confirmatory deed is obtained from the grantor to the corporation after the filing of the certificate of incorporation, the deeds will be passed as sufficient without any requirement for further instruments from the incorporators or stockholders of the grantee or from those who furnished the consideration of conveyance.
When a deed is dated before the certificate of incorporation of the grantee is filed in the office of the Secretary of State and the deed is recorded on the same day as the certificate is filed or later, the deed will be passed as sufficient without requirement of proof of delivery or of any confirmatory deeds.
C-4 FRANCHISE TAXES
When franchise taxes accrued more than 10 years ago against a corporation which has been dissolved within the past ten years the franchise taxes which are more than ten years old may be disregarded, provided premises have been, or are being, conveyed to a purchaser of value. If such dissolved corporation is the present owner proof of payment of taxes accruing subsequent to January 1, 1948 should be obtained. As to undissolved corporations all franchise taxes accruing during the period more than ten years last past may be disregarded provided title has passed, or is being conveyed, to a purchaser of value.
C-5 INTERLOCKING DIRECTORS OR STOCKHOLDERS
A conveyance from a corporation to a corporate grantee having interlocking directors or stockholders may be passed without question where title has reached a purchaser for value.
C-6 OLD CORPORATIONS
Where a corporation has been out of title and the property has been improved for over ten (10) years, no search need be made for a certificate of incorporation.
Descriptions and Boundaries
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D&B-1 DESCRIPTION — DEFECT CAUSED BY CHANGE IN STREET LINES
Where there is a defect in the description appearing in a deed which has been or record for 10 years or more and the defect arose by reason of a change in the street line of the street by which the beginning point is monumented or by reason of a change in the street line of the street upon which the property abuts, the title will be insured without requirement of a correction deed, if both of the following conditions exist:
All subsequent deeds on record for 10 years or more correctly describe the property with reference to the changed street lines, and
The property has been improved for 10 years or more, and the grantor in the described deed owned no other property abutting the misdescribed property.
D&B-2 DESCRIPTION — VARIANCE BETWEEN STREETS ON FILED MAP AND IN PARTICULAR DESCRIPTION
Where a deed into the grantee describes the property by lot on a filed map followed by a particular description which makes no reference to the map and thereafter, there has been a change in the street line of the street from which the beginning point is monumented and the particular portion of the description in the deed does not describe the property with reference to the new street line, but coincides with the property location according to the map, the title will be insured without requirement of a correction deed.
D&B-3 EFFECT OF "SAME AS" RECITAL IN DEED
When an instrument purports to convey or mortgage all of the interest of an owner but the instrument contains a recital that the property is the same as that described in (as distinguished from conveyed by) a previous instrument which conveyed or mortgaged only a fractional interest, the recital should be disregarded and the instrument passed as conveying or mortgaging the entire interest of the owner.
When a conveyance contains a defective description but the description is followed by a recital that the property is the same as that conveyed by or described in a previous instrument which contains a good description, the defective description should be disregarded and the deed passed as conveying the entire premises.
D&B-4 FENCE VARIATIONS
Where there are variations between the lines of the record title and lines offences, hedges or retaining walls, the policy may except such variations but will not except failure of title to the land outside of such fence, hedge or retaining wall unless such variations exceed twelve inches.
D&B-5 INSURING GORES IN RECORD TITLE
Where there is a gore of less than one inch between two lots, contiguity between the two lots will nevertheless be insured unless there is an express reservation to the land in the gore or unless there is pending litigation over title to the gore.
D&B-6 PARTY WALLS
When the distances and dimensions given for two or more plots would make them contiguous except for the fact that the point of beginning in one or more of the descriptions is located opposite the center of a party wall, the monumentation will be disregarded and contiguity will be insured when the properties come into a common ownership provided that the gap between the point opposite the center of the party wall and the line determined by the distance is 3 inches or less.
When the point of beginning is described as being "at" the center of the party wall (as distinguished from "opposite") and the front of the party wall is set back from the street line at least two feet, the attempted location at the center of the party wall will be disregarded entirely as a monument even if the gap is more than 3 inches.
Where a common owner conveyed buildings separately monumenting some plots as opposite the center of a party wall, the monumentation shall be disregarded for the purpose of insuring contiguity where the sum of the dimensions used in the conveyances totals all the property originally held by the common owner.
Where a grantor conveys premises monumenting the same as opposite the center of a party wall, such monumentation may be disregarded for the purpose of insuring contiguity where the dimensions used in the conveyance would otherwise convey all the property of the grantor.
D&B-7 RECIPROCAL DRIVEWAY EASEMENTS
Where a reciprocal driveway easement is in actual use by adjoining owners and the reciprocal easement is affirmatively recited in deeds of record on both sides for at least the past 10 years, and not subordinate to any mortgage, the reciprocal easement will be insured and any defect in its creation by the common owner disregarded.
D&B-8 VARIATION BETWEEN RECORD DESCRIPTION AND TAX MAP
Where there is a variation between the recorded description and a tax map up to one inch, no question shall be raised.
Estate Administration & Taxes
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E-1 ADMINISTRATOR'S DEED — BOND
A deed made by an administrator pursuant to EPTL 11-1.1 (where the decedent died on or after June 1, 1965) will be insured without exception as to compliance with SCPA 805 (3), if:
a further bond in the amount of the proceeds is filed before the proceeds are distributed; or
a further bond is dispensed with by the court; or
the existing bond was fixed in the amount that included the full value of the real property; or
an accounting has been approved showing the property disposition of the proceeds; or
acknowledged consents, releases or deeds are obtained from all distributees; or
a proper judicial decree establishes the validity and effectiveness of the deed.
E-2 CONVEYANCE IN CONTEMPLATION OF DEATH
Where, within three years after a conveyance is recorded the grantor dies, no estate tax question need be raised before the property has been acquired by a subsequent purchaser for value.
E-3 FEDERAL ESTATE TAXES
The question of Federal Estate Taxes may be disregarded where the New York Estate Tax proceeding against a former owner shows that the gross estate of the decedent was of the value of not more than $108,333.00 ($115,000.00 for decedent's estates after 6/9/94). An estate is exempt from Federal estate taxes when its value is less than $600,000.00 where the decedent died after December 31, 1986.
The lien of a Federal Estate Tax against a deceased tenant by the entirety or a deceased joint tenant may be disregarded on a deed from the surviving tenant by the entirety or the surviving joint tenant to a purchaser who pays adequate and full consideration.
The lien of a Federal Estate Tax against a deceased tenant by the entirety or deceased joint tenant may also be disregarded upon a mortgage for adequate and full consideration from the surviving tenant by the entirety or the surviving joint tenant.
The lien of a Federal Estate Tax against a decedent may be disregarded upon a mortgage for value or a transfer made to a purchaser for value which transfer or mortgage is made directly by the heirs, devisees or distributees of the decedent.
Where in an action party defendants are included as unknowns in an omnibus clause, no question will be raised as to possible Federal Estate Taxes against the estates of any such unknowns who may be dead and the United States Government need not be named a party for purpose of cutting off such possible Federal Estate Taxes. The United States Government is to be named as a party defendant for any other proper reason which may exist in the title.
E-4 INHERITANCE BY SURVIVING SPOUSE
DEATH OF DECEDENT PRIOR TO MARCH 1, 1964
When decedent died prior to March 1, 1964 and title is through a surviving spouse who claims the entire title under subdivisions 2 and 3 of Section 83 of the Decedent Estate Law because the estate was less than $5,000, deeds should be obtained from the surviving parents or parent, or where title is made through a spouse who claims the entire title under subdivision 4 because the estate was less than $10,000, deeds should be obtained from the surviving brothers and sisters or their descendants. However the requirement for such deeds will be waived if title is made through a proceeding in the Surrogate's Court by an administrator for leave to sell the property or an accounting proceeding or a proceeding for probate of heirship or other appropriate action or proceeding properly conducted and such parents or collaterals are joined as parties and an appropriate finding is made that the value of the estate is below the required amount.
The title from the surviving spouse of an intestate may be passed without requiring deeds from the parents or collaterals and without requiring any of the foregoing proceedings or actions if proof is furnished of all three of the following:
The estate was below the amount required to give the spouse the entire title; this may be established either by the estate tax proceedings or by affidavit, and
The property had been improved for more than fifteen years, and
The deed from the surviving spouse or from his or her heirs, devisees or successors in interest has been recorded for more than fifteen years.
DEATH OF DECEDENT BETWEEN MARCH 2, 1964 AND SEPTEMBER 1, 1992
When decedent died after March 1, 1964 and title is through a surviving spouse who claims the entire title under subdivisions 2 and 3 of Section 83 of the Decedent Estate Law because the estate was less than $25,000, deeds should be obtained from the surviving parents or parent.
However such deeds will be waived if title is made through a proceeding in the Surrogate's Court by an administrator for leave to sell the property or an accounting proceeding or a proceeding for probate of heirship or other appropriate action or proceeding is properly conducted and such parents are joined as parties and an appropriate finding is made that the value of the estate is below the required amount. NOTE: The following did not take effect until March 1, 1974:
The title from the surviving spouse of an intestate may be passed without requiring deeds from the parents and without requiring any of the foregoing proceedings or actions if proof is furnished of all three of the following:
The estate was below the amount required to give the spouse the entire title; this may be established either by the estate tax proceeding or by affidavit, and
The property has been improved for more than ten years, and
The deed from the surviving spouse or from his or her heirs, devisees or successors in interest has been recorded for more than ten years.
DEATH OF DECEDENT AFTER SEPTEMBER 1, 1992
When decedent died after September 1, 1992, and title is through a surviving spouse who claims the entire title under Article 4 of the Estates Powers and Trusts law, deeds do not have to be obtained from the surviving parents or parent.
E-5 NEW YORK ESTATE TAX — DEATH AFTER JULY 1, 1978
The lien of the New York Estate Tax may be passed where the decedent died a resident of New York State on or after July 1, 1978, and a satisfactory affidavit establishes that the gross estate, including the subject real property, is not more than $108,333 ($115,000 after June 9, 1994).
The lien of the New York Estate Tax against a deceased tenant by the entirety or joint tenant may be disregarded on a deed from the surviving tenant by the entirety or joint tenant to a bona fide purchaser for adequate and full consideration.
Where death occurs after May 25, 1990, the lien of the New York Estate Tax against a deceased tenant by the entirety or deceased joint tenant may also be disregarded upon a mortgage for adequate and full consideration from the surviving tenant by the entirety or the surviving joint tenant.
Where death occurs after May 25, 1990, the lien of the New York Estate Tax may also be disregarded against an interest in property held by the decedent and the decedent's surviving spouse as tenants by the entirety.
E-6 POSTHUMOUS AND AFTERBORN CHILDREN
When the record fails to show whether any child of a decedent was born after the death of the decedent or after the date of the decedent's will, and no proof on the subject is available, the question may be disregarded if thirty years have elapsed since the death of death of the decedent, or if ten years have elapsed since a conveyance by the devisees to a bona fide purchaser.
E-7 POWER OF SALE — ANCILLARY LETTERS OF PROBATE
Prior to September 1, 1967: Where a decedent dies in a State other than New York State, owning a real property in New York State, and his will is probated in such foreign state and an ancillary probate is had in New York State, the foreign executor may act in New York State pursuant to a power of sale granted in the will without obtaining Ancillary Letters in New York, unless precluded by Section 131 of the Banking Law.
After September 1, 1967: Where a decedent dies in a State other than New York State, owning real property in New York State, and his will is probated in such foreign state, either an ancillary or original probate of the will must be completed in New York State and Ancillary Letters must be issued to the foreign executor before exercising in New York State a power of sale granted in the will.
E-8 PROBATE OF WILLS
When title is made through a will and the estate is out of title and the petition for probate, though not made by a blood relative of the decedent, shows that the heirs are direct descendants or brothers or sisters, the title will be insured without exception as to the sufficiency of such proof.
If under the same circumstances the petition shows that the heirs include nephews or nieces or more remote relatives, the title will nevertheless be insured without exception as to the sufficiency of such proof if five years have elapsed since the probate of the will.
Proof of Heirship of Probate — Where title is presently being made through a will and the petition is made for probate by the surviving spouse, who has had children with the decedent, the title will be insured without further proof of heirship, provided that the decedent had not had a prior marriage and satisfactory proof of that fact is furnished.
E-9 PROOF OF HEIRSHIP
When a deed from the heirs of a former owner who died intestate has been recorded for more than ten years, and the only proof that such grantors are the only heirs is contained in a petition for letters of administration made by one who was not a blood relative of the decedent, the title will be insured without any exception as to the sufficiency of such proof.
E-10 PROOF OF HEIRSHIP & DEATH OF JOINT TENANT OR TENANCY BY THE ENTIRETY
When a deed from the heirs of a deceased former owner who died intestate or the surviving tenant by the entirety or joint tenant of a deceased former owner has been recorded more than ten years, and the only proof that such grantor(s) are the surviving tenant by the entirety or joint tenant or the only heirs is contained in a statement in the transfer or estate tax petition or application for release of lien by a qualified person or (pursuant to Real Property Actions and Proceedings Law Section 341) in a recital contained in a duly acknowledged deed mortgage or other instrument executed for the purpose of transferring title which is more than 10 years old to the effect that he/she is the surviving spouse or joint tenant or the only persons interested in the estate of the decedent, the title will be insured without exception as to the sufficiency of such proof.
A recorded release of New York Estate Tax may also be accepted as proof of death of a deceased joint tenant or tenancy by the entirety.
E-11 PROOF OF PAYMENT OF LEGACIES
Legacies whether expressly or impliedly charged on the real property of a decedent may be disregarded after 10 years from the date of death of the decedent if the estate has passed out of title.
E-12 PUBLIC ADMINISTRATOR'S SALES
Title made through sales by public administrators may be insured, if otherwise valid, despite the fact that no bond has been filed in the proceeding for the sale of the particular parcel and despite the fact that no bank has been designated in the order of the depository of the proceeds of sale.
E-13 PUBLIC ADMINISTRATOR'S SALES — ACTION IN FIDUCIARY CAPACITY
If an intestate died on or after June 1, 1965, title made through sales by the Public Administrator acting as administrator of the estate under Section 11-1.1 of the Estates, Powers and Trust Law may be insured without requiring the filing of an additional bond unless the court so requires.
Liens and Judgments
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L&J-1 FEDERAL TAX LIENS
A notice of Federal Tax Lien based on an assessment made, on or before November 6, 1990 may be disregarded upon the execution and delivery of a deed, lease or mortgagor affecting the property of the taxpayer to a Purchaser (as defined in Section 6323 of the Internal Revenue Code) or a Mortgagee after six (6) years and thirty (30) days have elapsed from the date of assessment set forth in the notice of Federal Tax Lien, unless the notice of Federal Tax Lien was refiled prior to the expiration of the six (6) year and thirty (30)day period. If the notice of Federal Tax Lien was refiled with the six (6)year and thirty (30) day period from the date of assessment, the notice of Federal Tax Lien may be disregarded after ten (10) years and thirty (30) day shave elapsed from the date of assessment set forth in the notice of Federal Tax Lien unless the notice of Federal Tax Lien was further refiled.
Federal Tax liens against one of the parties holding title as tenants by the entirety may be passed when title passes from the other tenant as a survivor following the death of his or her spouse. The lien will not be passed when both tenants by the entirety are alive.
L&J-2 FEDERAL TAX LIENS FILED BETWEEN DATE OF MORTGAGE AND RECORDING
Where between the time of a bona fide closing and the time of recording of the insured mortgage, a Federal Tax Lien is filed against a mortgagor, the Federal Tax Lien will be passed upon proof establishing the actual closing date and, if there is a delay between the date of the mortgage or mortgages and the recording thereof, the reason for the delay in recordation.
L&J-3 JUDGMENTS AGAINST PARTNERS
Where title is in a limited partnership or limited liability partnership duly formed, which is about to convey or mortgage property, judgment searches need not be run against general or limited partners and judgment liens against them may be disregarded.
When title is taken in the trade name of a general partnership in accordance with its named designation in the certificate of partnership which is properly filed, judgment searches need not be run against general or limited partners and judgment liens against them may be disregarded.
L&J-4 JUDGMENTS ENTERED BETWEEN DATE OF DEED OR MORTGAGE AND RECORDING
Where between the time of a bona fide closing and the time of recording instruments, a judgment is docketed against a grantor or mortgagor, the judgment will be passed upon proof establishing the actual closing date and, if there is a delay between the date of the deed(s) or mortgage(s) and the recording thereof, the reason for the delay in recordation.
L&J-5 NYC LIENS AND JUDGMENTS DURATION
Parking Violation Bureau Judgments:
8 years (N.Y. Vehicle and Traffic Law Section 241 (3))
Environmental Control Board Judgments:
8 years (NYC Charter Ch. 57 Section 1404)
Transit Adjudication Bureau Judgments:
10 years (N.Y. Public Authority Law Section 1209-A; 1984 N.Y. Laws Ch. 93)
L&J-6 PRIORITY OF A PURCHASE MONEY MORTGAGE OVER JUDGMENT AGAINST THE MORTGAGOR
Where real property is sold and conveyed, and at the same time a mortgage thereupon is given by the purchaser to secure the payment of the whole or apart of the purchase money, the lien of the mortgage upon the real property is superior to the lien of a previous judgment against a purchase money mortgagor wholly or partly for a sum of money or directing the payment of a sum of money against the purchaser. This may be followed whether the mortgage is made directly to the grantor or to a third party, so long as the mortgage recites that it is a purchase money mortgage.
L&J-7 SURETY BOND LIENS — WHEN DISREGARDED
A Surety Bond Lien may be disregarded after 10 years from the date of filing provided that such lien was not extended by court order and such extension noted in the record where the Surety Bond Lien is filed.
Mortgages and Foreclosure of Mortgages
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M-1 FORECLOSURE IN FEDERAL COURTS
When a judgment has been rendered in favor of an Agency of the State or a Municipality other than the Industrial Commissioner of the State of New York, it will be adequate to join the State of New York or such Municipality without joining the Agency as a party defendant provided that appropriate recitals are contained in the compliant giving the reason for joinder as a Commissioner, agency or municipality.
M-2 FORECLOSURES IN FEDERAL COURTS
Exception need not be taken to a publication of a public sale of realty or interest therein under any order, judgment or decree of any court of the United States provided it has been made in accordance with the Federal Statute (28 U.S. Code Sec. 2002) which reads as follow: "A public sale of realty or interest therein under any order, judgment or decree of any court of the United States shall not be made without notice published once a week for at least four weeks prior to the sale in at least one newspaper regularly issued and of general circulation in the county, state or judicial district of the United States wherein the realty is situated. "If such realty is situated in more than one county, state, district or circuit, such notice shall be published in one or more of the counties, states or districts wherein it is situated, as the court directs. The notice shall be substantially in such form and contain such description of the property by reference or otherwise as the court approves. The court may direct that the publication be made in other newspapers. This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency."
M-3 FORECLOSURE — PARTIES — SUCCESSORS OF DECEASED MORTGAGEE
When the holder of a junior lien dies intestate and no proceedings have been had in his estate for the appointment of an administrator, the lien will be deemed barred in an action to foreclose a prior mortgage if all the next of kin have been made parties and satisfactory proof is furnished of the death, the intestacy, the family history and the absence of creditors of the estate. In such situations the lack of proof that there were no creditors may be disregarded when more than six years have elapsed since the delivery of the referee's deed.
M-4 ASSIGNMENTS OF JUDGMENTS TO UNITED STATES OF AMERICA
When a judgment, subsequent in lien to a mortgage being foreclosed and docketed prior to the filing of a notice of pendency, or a judgment docketed subsequent to the filing of a notice of pendency, is assigned to the United States of America after the filing of the notice of pendency in an action to foreclose such mortgage, then such assignment may be disregarded provided the record holder of such judgment filed prior to the notice of pendency, is properly joined and served as a party defendant, all necessary papers are served on such party, and the action goes to judgment and sale.
M-5 MORTGAGE SATISFACTION BY AFFIDAVIT RPAPL SECTION 1921
A mortgage secured by property improved by a one-to-six family, owner occupied, residential structure or residential condominium unit may be disregarded without the recording of a Satisfaction of Mortgage provided there has been compliance with RPAPL Section 1921.
M-6 RELEASE IN LIEU OF SATISFACTION OF MORTGAGE
When the premises affected by a mortgage lien is released of record instead of the mortgage being satisfied, the mortgage will be omitted as an objection to title.
M-7 SMALL ANCIENT MORTGAGES
A mortgage in the face amount of $15,000 or less which matured more than thirty years ago and which is not recited in the chain of title for 20 years or more, may be disregarded upon an affidavit of non-payment of principal or interest or of demand of owners for 12 years, provided that the present owner or an ancestor was not the mortgagor and there has been one or more transfers of title for value.
M-8 UNRECORDED MORTGAGE
Recital of an unrecorded mortgage in a deed of record for 20 years or more maybe passed on proof that for 6 years or more last past no principal or interest has been paid or demanded and no knowledge of said unrecorded mortgage was had by the owners. Where such recitals is contained in the last deed of record satisfactory proof will be required to dispose of the objection.Type your paragraph here.