senate Bill S1224

2023-2024 Legislative Session

Excludes certain real property conveyances from the written notice requirement

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2023 referred to judiciary


S1224 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §291, RP L
Versions Introduced in 2021-2022 Legislative Session:
S7751, A9107

S1224 (ACTIVE) - Summary

Excludes real property conveyances from the written notice requirement when such property is being conveyed by the state of New York or any of its political subdivisions as part of a foreclosure proceeding.

S1224 (ACTIVE) - Sponsor Memo

S1224 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                             I N  S E N A T E
                             January 10, 2023
 Introduced  by Sens. BORRELLO, OBERACKER, ORTT -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
 AN  ACT to amend the real property law, in relation to excluding certain
   real property conveyances from the written notice requirement

   Section 1. Section 291 of the real property law, as amended by chapter
 641 of the laws of 2019, is amended to read as follows:
   § 291. Recording of conveyances. A conveyance of real property, within
 the  state, on being duly acknowledged by the person executing the same,
 or proved as required by this chapter, and such acknowledgment or  proof
 duly  certified  when  required  by this chapter, may be recorded in the
 office of the clerk of the county where such real property is  situated,
 and such county clerk or city registrar where applicable shall, upon the
 request  of any party, on tender of the lawful fees therefor, record the
 same in said office. Every such conveyance not so recorded  is  void  as
 against any person who subsequently purchases or acquires by exchange or
 contracts  to purchase or acquire by exchange, the same real property or
 any portion thereof, or acquires by assignment the rent to accrue there-
 from as provided in section two hundred ninety-four-a of  this  article,
 in  good faith and for a valuable consideration, from the same vendor or
 assignor, his distributees or devisees, and whose  conveyance,  contract
 or  assignment  is  first duly recorded, and is void as against the lien
 upon the same real property or any portion thereof arising from payments
 made upon the execution of or pursuant to the terms of a  contract  with
 the  same vendor, his distributees or devisees, if such contract is made
 in good faith and is first duly recorded.   Notwithstanding the  forego-
 ing,  any increase in the principal balance of a mortgage lien by virtue
 of the addition thereto of unpaid interest in accordance with the  terms
 of  the mortgage shall retain the priority of the original mortgage lien
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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