S T A T E O F N E W Y O R K
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3677
2011-2012 Regular Sessions
I N S E N A T E
March 2, 2011
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring that all
assignments of a mortgage be listed on the discharge of such mortgage
regardless of whether such assignments have been recorded
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 321 of the real property law, as
amended by chapter 159 of the laws of 1951, is amended to read as
follows:
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, AND the interest assigned[, and,
if]. SUCH INFORMATION SHALL BE INCLUDED ON THE CERTIFICATE NOTWITH-
STANDING THE FACT THAT SUCH ASSIGNMENT OR ASSIGNMENTS HAVE NOT BEEN
RECORDED. IF the assignment has been recorded, THE CERTIFICATE SHALL
ADDITIONALLY SET FORTH 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09773-01-1
S. 3677 2
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 instru-
ment 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 assign-
ments 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.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to certificates of discharge recorded
on or after such effective date.