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NEW YORK STATE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
(RPAPL)

ARTICLE 19

DISCHARGE OR EXTINGUISHMENT OF ENCUMBRANCES, CLAIMS AND INTERESTS

Section   1901.     Release of rents reserved by leases
                    in perpetuity.

          1911.     Action to extinguish inchoate right of dower.

          1921.     Discharge of mortgage.

          1921-a.   Partial release from lien of
                    mortgaged premises.

          1931.     Discharge of record of ancient
                    mortgages presumed paid.

          1932.     Discharge of record of ancient
                    mortgage where time of maturity is dependent
                    on contingent event related to use of
                    premises.

          1933.     When county clerk or register to
                    discharge mortgage of record.

          1941.     When special proceeding to quiet
                    title may be maintained.

          1942.     Petition in special proceeding to
                    quiet title.

          1943.     Order for publication of notice to
                    persons interested.

          1944.     Hearing and final order upon non-
                    appearance of adverse claimants.

          1945.     Hearing and final order upon
                    appearance of adverse claimants.

          1946.     Notice of pendency to be filed and recorded.

          1951.     Extinguishment of non-substantial
                    restrictions on the use of land.

          1953.     Effect of certain special
                    limitations and conditions subsequent.

          1954.     Action to limit existing
                    possibilities of reverter and rights of entry
                    restricting the use of land.

          1955.     Modification or extinguishment of
                    certain restrictions on the use of land held
                    for charitable purposes.

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Sec. 1901.     RELEASE OF RENTS RESERVED BY LEASES IN PERPETUITY.

1.   Any person interested in lands held under a lease in
     perpetuity, upon which no rent has been paid for at least
     twenty years, may present his petition to the courts
     mentioned in this section asking that it be declared that
     the rents and reversion have been released to the owner of
     the fee. Such petition shall be verified, shall describe the
     lease and allege that the rents and reversion have been
     released, and shall state such facts as the petitioner can
     ascertain relative to the execution of a release and the
     identity of the persons who would otherwise be the present
     owners of the rents and reversion and the last known owner
     thereof.

2.   Such petition may be presented to the supreme court or to
     the county court of the county where the lands are situated.
     The court may thereupon order all persons interested to show
     cause at a certain time and place why the rents and
     reversion should not be declared to have been released. A
     description of the lease and lands affected thereby and the
     name of the last known owner of the rents and reversion
     shall be specified in such order, and the order shall be
     published in such newspaper or newspapers and for such time
     as the court shall direct. The court may also direct the
     order to be personally served upon such persons as it shall
     designate.

3.   The court may issue commissions to take the testimony of
     witnesses and may refer the petition to a referee to take
     and report proofs of the facts stated in the petition. Upon
     being satisfied that the matters alleged in the petition are
     true, the court may make an order declaring that the rents
     and reversion have been released to the owner of the fee.
     The nonpayment of rent under any such lease for twenty years
     shall be presumptive evidence of such a release.

4.   The entry of such order in the office of the clerk of the
     county where such lands are situated shall have the same
     effect as a release of such rents and reversion to such
     owner then duly executed and recorded. The county clerk
     shall note on the margin of the record of the original lease
     a minute of the entry of such order.


Sec. 1911.     ACTION TO EXTINGUISH INCHOATE RIGHT OF DOWER.

1.   An owner of land subject to an inchoate right of dower may
     maintain an action in the supreme court against the
     possessor of such right to have the right extinguished. In
     such action the court shall find the present cash value of
     the inchoate right of dower according to the law applicable
     to annuities and survivorships. It shall also determine
     whether the payment to the defendant of the sum found, in
     lieu of her right, would be unduly prejudicial to her. If
     the court determines that such payment would not be unduly
     prejudicial, the court, upon proof of payment of such sum to
     the defendant or upon payment into court for her credit,
     shall make an order declaring the inchoate right of dower
     extinguished.

2.   Nothing herein contained shall be construed to affect
     section 967 or article 17 of this chapter, or section two
     hundred and forty-eight of the surrogate's court act.


Sec. 1921.     DISCHARGE OF MORTGAGE.

1.   After payment of authorized principal, interest and any
     other amounts due thereunder or otherwise owed by law has
     actually been made, and in the case of a credit line
     mortgage as defined in section two hundred eighty-one of the
     real property law on written request, a mortgagee of real
     property situate in this state, unless otherwise requested
     in writing by the mortgagor or the assignee of such
     mortgage, must execute and acknowledge before a proper
     officer, in like manner as to entitle a conveyance to be
     recorded, a satisfaction of mortgage, and thereupon within
     forty-five days arrange to have the satisfaction of
     mortgage: (a) presented for recording to the recording
     officer of the county where the mortgage is recorded, or (b)
     if so requested by the mortgagor or the mortgagor's
     designee, to the mortgagor or the mortgagor's designee. The
     mortgagee shall within forty-five days deliver the note and
     the mortgage and where a title is registered under article
     twelve of the real property law, the registration copy of
     the mortgage and any registration certificates in the
     mortgagee's possession to the mortgagor or the mortgagor's
     designee making such payment and request if required as
     aforesaid. Delivery of a satisfaction of mortgage in
     accordance with the terms of section two hundred seventy-
     five of the real property law shall be deemed to satisfy the
     requirements of this section regarding the satisfaction of
     mortgage.

2.   Upon the failure or refusal of any such mortgagee to comply
     with the foregoing provisions of this section any person
     having an interest in the mortgage or the debt or obligation
     secured thereby or in the mortgaged premises may apply to
     the supreme court or a justice thereof, or to the county
     court or a judge thereof, in or of any county in which the
     mortgaged premises or any part thereof are situated in whole
     or in part, upon a petition, for an order to show cause why
     an order should not be made by such court canceling and
     discharging the mortgage of record, and directing the
     register or clerk of any county in whose office the same may
     have been recorded to mark the same upon his records as
     canceled and discharged, and further ordering and directing
     that the debt or other obligation secured by the mortgage be
     canceled, upon condition that in the event such mortgage is
     not paid, the sums tendered pursuant to the foregoing
     provisions of this section be paid to the officer specified
     by law to hold court funds and moneys deposited in court in
     the county wherein the mortgaged premises are situated in
     whole or in part. Said petition must be verified in like
     manner as a verified pleading in an action in the supreme
     court and it must set forth the grounds of the application.

3.   In any case where an actual tender, as provided in
     subdivision one of this section, cannot with due diligence
     be made within this state, any person having an interest in
     the mortgage or the debt or obligation secured thereby, or
     in the mortgaged premises, may apply to the supreme court or
     a justice thereof, or to the county court or a judge
     thereof, in or of any county in which the mortgaged
     premises, or any part thereof are situated in whole or in
     part, upon petition setting forth the grounds of the
     application and verified as aforesaid, for an order to show
     cause why an order should not be made by said court
     canceling and discharging the mortgage of record, and
     directing the register or clerk of any county in whose
     office the same may have been recorded to mark the same upon
     his records as canceled and discharged and further ordering
     and directing that the debt or other obligation secured by
     the mortgage be canceled, upon condition that the principal
     sum of the mortgage or any unpaid balance thereof, with
     interest up to the date when said order shall be entered and
     the aforesaid fees allowed by law, be paid to the officer
     specified by law to hold court funds and moneys deposited in
     court in the county wherein the mortgaged premises are
     situated in whole or in part.

4.   In the case of a mortgage secured by property improved by a
     one-to-six family, owner occupied, residential structure or
     residential condominium unit, if the mortgagee fails within
     ninety days to deliver the satisfaction of mortgage and/or
     fails within ninety days to deliver the note and the
     mortgage and any other documents as required by subdivision
     one of this section and if the mortgage is not otherwise
     satisfied the mortgagee shall be liable to such person in
     the amount of five hundred dollars or the economic loss to
     such person, whichever is greater. If the mortgagee has
     delivered such satisfaction of mortgage in a timely manner
     and has certified that the note and/or mortgage are not in
     its possession as of such date, the mortgagee shall not be
     liable under this section if the mortgagee agrees to defend
     and hold harmless the mortgagor by reason of the inability
     or failure of the mortgagee to furnish the note or mortgage
     within the time period prescribed in this subdivision;
     provided that in connection with mortgage loans purchased
     prior to July twenty-seven, nineteen hundred ninety-one by
     the state of New York mortgage agency pursuant to section
     two thousand four hundred five or two thousand four hundred-
     five-b of the public authorities law, the state of New York
     mortgage agency, its successors or assigns shall not be
     liable under this section if it does not defend and hold
     harmless the mortgagor by reason of the inability or failure
     of the state of New York mortgage agency, its successors or
     assigns to furnish the note or mortgage within the time
     period prescribed in this subdivision. Damages imposed by
     this subdivision shall be in addition to the other costs and
     fees allowed in this section.

5.   (a)  In the case of a mortgage secured by property
          improved by a one-to-six family, owner occupied,
          residential structure or residential condominium unit,
          if within ninety days of receipt of payment, and
          request if required, the mortgagee fails to deliver to
          the mortgagor or the mortgagor's designee the
          satisfaction of mortgage, the note and the mortgage and
          any other documents as required by subdivision one of
          this section, any attorney-at-law may execute,
          acknowledge and upon payment of an additional filing
          fee of fifty dollars cause to be filed with the
          recording officer of the county where the mortgage is
          recorded, an affidavit which complies with this
          section. Unless the mortgagee shall file a verified
          objection to such affidavit within thirty-five days of
          being filed, as of the date thirty-five days subsequent
          to its filing, such affidavit shall be recorded and
          satisfy the lien of such mortgage on the mortgaged
          premises.

     (b)  The affidavit shall state that:

          (i)   The affiant is an attorney-at-law and that the
                affidavit is made on behalf of and at the
                request of the mortgagor or any person who has
                acquired title to the mortgaged premises;

          (ii)  The mortgagor made a proper request of the
                mortgagee for the execution of the satisfaction
                of mortgage pursuant to subdivision one of this
                section;

          (iii) The mortgagor has received a payoff statement
                for the loan secured by the mortgage, and shall
                annex as evidence a copy of the payoff
                statement;

          (iv)  The affiant has ascertained that the mortgagee
                received payment of the loan in accordance with
                the payoff statement, and shall annex as
                evidence, copies of the check negotiated by the
                mortgagee or documentary evidence of such
                payment;

          (v)   The affiant, at least thirty days after the
                mortgagee received payment, has given the
                mortgagee written notice together with a copy of
                the proposed affidavit, delivered by certified
                or registered mail, return receipt requested, to
                the attention of the person or department set
                forth in the payoff statement, of the affiant's
                intention to execute and record an affidavit in
                accordance with this section; and

          (vi)  The mortgagee has not responded in writing to
                such notification or all requests by the
                mortgagee for payment have been complied with at
                least fifteen days prior to the date of the
                affidavit.

     (c)  Such affidavit shall identify the mortgagor and the
          mortgagee, state the date of the mortgage, the liber
          and page of the land records where the mortgage is
          recorded and give similar information with respect to
          any recorded assignment of the mortgage.

     (d)  The affiant shall attach to the affidavit photostatic
          copies of the documentary evidence that payment has
          been received by the mortgagee, including mortgagee's
          endorsement of any check, and a photostatic copy of the
          payoff statement and certify each to be a copy of the
          original document.

     (e)  Within five days of the filing of such affidavit the
          register or clerk of every county in whose office said
          mortgage has been recorded shall give the mortgagee
          written notice, delivered by certified or registered
          mail, return receipt requested, to the attention of the
          person or department set forth in the payoff statement,
          as annexed to the affidavit filed hereunder, of the
          filing of such affidavit, which notice shall include
          the following notice in capital letters:

          "THIS NOTICE IS MADE UNDER SECTION 1921 OF
          THE REAL PROPERTY ACTIONS AND PROCEEDINGS
          LAW. FAILURE TO FILE WITH THIS OFFICE WITHIN
          THIRTY DAYS OF THIS NOTICE A VERIFIED
          OBJECTION TO THE DISCHARGE OF THE MORTGAGE
          DESCRIBED IN THIS NOTICE WILL RESULT IN SUCH
          MORTGAGE BEING CANCELED AND DISCHARGED OF
          RECORD."

          Unless the register or clerk of such county shall
          receive from the mortgagee, within thirty-five days of
          the date of filing of such affidavit, a verified
          objection by the mortgagee to the discharge of said
          mortgage, the register or clerk shall record the
          affidavit and supporting documents and mark the
          mortgage described in the affidavit canceled and
          discharged of record and such recorded affidavit shall
          have the same force and effect as a duly executed
          satisfaction of mortgage recorded in accordance with
          section three hundred twenty-one of the real property
          law. If the register or clerk of such county shall
          receive from the mortgagee, within thirty-five days of
          the date of filing of such affidavit, a verified
          objection by the mortgagee to the discharge of said
          mortgage, the register or clerk shall return the
          original affidavit and the verified objection to the
          attorney filing such affidavit without marking the
          mortgage described in the affidavit canceled or
          discharged of record. The clerk or register of such
          county shall additionally transmit a copy of the
          affidavit and the verified objection to its applicable
          appellate division of the supreme court, committee on
          professional standards, for such further proceedings as
          determined appropriate by such committee.

     (f)  The county clerk or register shall index the affidavit
          in the same manner as a satisfaction of mortgage and
          shall record such instrument upon payment of the same
          fees as for a satisfaction of mortgage.

     (g)  (i)   Any attorney who prepares an affidavit and
                negligently causes the affidavit to contain
                false information shall be liable to the
                mortgagee for any monetary damages and subject
                to other applicable sanctions under law.

          (ii)  Any person who supplies false information for
                the affidavit shall be liable to the mortgagee
                for any monetary damages and subject to other
                applicable sanctions under law.

     (h)  A banking or other organization having the original or
          copies thereof, shall furnish, within sixty days of
          receiving a written request, a copy of the front and
          reverse sides of a check issued to satisfy the mortgage
          obligation by such banking or other organization,
          needed for completion of an affidavit in accordance
          with this subdivision.

6.   Eight days' notice of the application for either of the
     orders provided for in subdivisions two and three of this
     section shall be given to the then mortgagee of record and
     also, if the petition show that there is a mortgage not of
     record, to such mortgagee. Such notice shall be given in
     such manner as the court or the judge or justice thereof to
     whom the petition is presented may direct, and said court or
     judge or justice may require such longer notice to be given
     as may seem proper. If sufficient cause be shown the court
     or judge or justice thereof may issue such order to show
     cause returnable in less than eight days.

7.   Upon the return day of such order to show cause, the court,
     upon proof of due service thereof and on proof of the
     identity of the mortgagee and of the person presenting the
     petition, shall inquire in such manner as it may deem
     advisable, into the truth of the facts set forth in the
     petition, and in case it shall appear that said principal
     sum or any unpaid balance thereof and interest and the said
     fees allowed by law have been duly paid or tendered but not
     accepted and said satisfaction of mortgage has been duly
     presented for execution, or that such tender and
     presentation could not have been made within this state with
     due diligence, then, in the event such mortgage is not paid,
     the court shall make an order directing the sums so
     tendered, or in a case where such tender could not have been
     made as aforesaid, directing the principal sum or any unpaid
     balance thereof, with interest thereon to the date of entry
     of said order together with all other amounts due thereunder
     pursuant to subdivision three of this section and the
     aforesaid fees allowed by law, to be paid to the officer
     specified by law to hold court funds and moneys deposited in
     court in the county wherein the application herein is made,
     and directing and ordering that upon such payment the debt
     or other obligation secured by the mortgage be canceled and
     further directing the register or clerk of any and every
     county in whose office said mortgage shall have been
     recorded to mark said mortgage canceled and discharged of
     record upon the production and delivery to such register or
     clerk of a certified copy of the order and the receipt of
     such officer, showing that the amount required by said order
     has been deposited with him, which certified copy of said
     order and which receipt shall be recorded, filed and indexed
     by any such register or clerk in the same manner as a
     certificate of discharge of a mortgage. Said receipt need
     not be acknowledged to entitle it to be recorded. The court
     in its discretion, when granting any such order after
     application therefor pursuant to subdivision two of this
     section, may award costs and reasonable attorney's fees to
     the person making the application, in the absence of the
     showing of a valid reason for the failure or refusal to
     execute the satisfaction of mortgage and deliver the same,
     the note and mortgage and any other documents required under
     subdivision one of this section. The money deposited shall
     be payable to the mortgagee, his personal representative or
     assigns, upon an order of the supreme court or county court,
     directing the payment thereof to him upon such evidence as
     to his right to receive the same as shall be satisfactory to
     the court.

8.   Wherever any register or clerk shall record any order and
     receipt as hereinbefore specified, he shall mark the record
     of said mortgage as follows:

     "Canceled and discharged by order of the ...................
     Court, County of ...................... , dated ............
     and filed ...................... ,"

     and thereupon the lien of such mortgage shall be deemed to
     be discharged and the debt secured thereby shall be deemed
     to be canceled. Said register or clerk shall be permitted to
     charge for recording and filing said order and receipt, the
     same fees to which he is now entitled for recording and
     filing a certificate of satisfaction of a mortgage.

9.   When used in this section:

     (a)  "Mortgagee" means (i) the current holder of the
          mortgage of record or the current holder of the
          mortgage, or (ii) any person to whom payments are
          required to be made or (iii) their personal
          representatives, agents, successors, or assigns.

     (b)  "Attorney-at-law" means any person admitted to practice
          law in this state and in good standing.

     (c)  "Payoff statement" means a statement setting forth the
          unpaid balance of the mortgage, including principal,
          interest and other charges pursuant to the loan
          documents, together with a per diem rate for interest
          accruing after the date to which the unpaid balance has
          been calculated. The payoff statement furnished by a
          banking organization or corporate mortgagee shall
          include a name of an individual employed by such
          banking organization or corporate mortgagee or
          department of such banking organization or corporate
          mortgagee to whom inquiry concerning the payoff
          statements are to be addressed in addition to the
          address of the banking organization or corporation for
          use in connection with the affidavit under subdivision
          five of this section.

     (d)  "Banking organization" shall have the same meaning as
          provided in subdivision eleven of section two of the
          banking law and shall include any institution chartered
          or licensed by the United States or any state.

     (e)  "Note" shall include any written evidence of
          indebtedness.


Sec. 1921-a.   PARTIAL RELEASE FROM LIEN OF MORTGAGED PREMISES.

1.   Whenever the owner of mortgaged property situate in this
     state shall be entitled, pursuant to the terms of the
     mortgage encumbering such property, to obtain the release of
     a portion thereof from the lien of such mortgage, then, upon
     (1) delivery by such owner to the mortgagee of a partial
     release from lien of mortgaged premises, in a form entitled
     to be recorded, describing the portion of the mortgaged
     premises so entitled to be released, together with the fees
     allowed by law for the taking of the acknowledgment of a
     deed, (2) proof that all requirements set forth in such
     mortgage as conditions precedent to the execution and
     delivery by the mortgagee of such partial release have been
     satisfied, and (3) payment, or tender of payment, to the
     mortgagee of all sums required under the terms of the
     mortgage to be paid to obtain such partial release, such
     mortgagee must execute and acknowledge before a proper
     officer, in like manner as to entitle a conveyance to be
     recorded, the partial release theretofore delivered to such
     mortgagee or such other partial release from lien of
     mortgaged premises as may be required to be executed under
     the terms of the mortgage, which release shall be in
     recordable form.

2.   Upon the failure or refusal of any such mortgagee to comply
     with the foregoing provisions of this section, any owner of
     the mortgaged premises may apply to the supreme court or a
     justice thereof, or to the county court or a judge thereof,
     in or of any county in which the mortgaged premises or any
     part thereof are situated in whole or in part, upon a
     petition, for an order to show cause why an order should not
     be made by such court releasing of record from the lien of
     said mortgage the parcel or parcels of land described in
     said release, and directing the register or clerk of any
     county in whose office the same may have been recorded to
     mark the same upon his records as released as to the parcel
     or parcels described in such order, and further ordering and
     directing that the debt or other obligation secured by the
     mortgage be reduced in the amount tendered or paid, upon
     condition that in the event such mortgage or part thereof is
     not paid, the sums tendered pursuant to the foregoing
     provisions of this section be paid to the officer specified
     by law to hold court funds and moneys deposited in court in
     the county wherein the mortgaged premises are situated in
     whole or in part for the purpose of paying said sum over to
     the mortgagee. Said petition must be verified in like manner
     as a verified pleading in an action in the supreme court and
     it must set forth the grounds of the application.

3.   In any case where an actual tender, as provided in
     subdivision one of this section, cannot, with due diligence,
     be made, any owner of the mortgaged premises may apply to
     the supreme court or a justice thereof, or to the county
     court or a judge thereof, in or of any county in which the
     mortgaged premises, or any part thereof are situated in
     whole or in part, upon petition setting forth the grounds of
     the application and verified as aforesaid, for an order to
     show cause why an order should not be made by said court
     releasing of record the parcel or parcels described in said
     release from the lien of the mortgage, and directing the
     register or clerk of every county in which the mortgaged
     premises are located to mark the same upon his records as
     released as to the parcel or parcels described in such order
     and further ordering and directing that the debt or other
     obligation secured by the mortgage be reduced, upon
     condition that the prerequisites for obtaining such release
     set forth in subdivision one of this section and the sum of
     the mortgage required to be paid pursuant to the terms and
     conditions of said mortgage and fees allowed by law or the
     mortgage, be paid to the officer specified by law to hold
     court funds and moneys deposited in court in the county
     wherein the mortgaged premises are situated in whole or in
     part until such time as said sums may be claimed by the
     mortgagee.

4.   Eight days' notice of the application for either of the
     orders provided for in subdivisions two and three of this
     section shall be given to the mortgagee. Such notice shall
     be given in such manner as the court or the judge or justice
     thereof to whom the petition is presented may direct, and
     said court or judge or justice may require such longer
     notice to be given as may seem proper. If sufficient cause
     be shown the court or judge or justice thereof may issue
     such order to show cause returnable in less than eight days.

5.   Upon the return day of such order to show cause, the court,
     upon proof of due service thereof and on proof of the
     identity of the mortgagee and of the person presenting the
     petition, shall inquire, in such manner as it may deem
     advisable, into the truth of the facts set forth in the
     petition, and in case it shall appear that said sum or sums
     required to be paid pursuant to the terms and conditions of
     the mortgage and the fees allowed by law have been duly paid
     or tendered but not accepted, said partial release from lien
     of mortgage instrument has been duly presented for
     execution, or that such tender and presentation could not
     have been made with due diligence and the prerequisites for
     obtaining such release as set forth in subdivision one of
     this section have been met, then, in the event that portion
     of the lien of such mortgage required to be released
     pursuant to the terms and conditions thereof is not so
     released, the court shall make an order directing the sums
     so tendered, or in a case where such tender could not have
     been made as aforesaid, directing the sum or sums so
     required and the fees allowed by law, to be paid to the
     officer specified by law to hold court funds and moneys
     deposited in court in the county wherein the application
     herein is made, and directing and ordering that upon such
     payment the debt or other obligation secured by the mortgage
     be reduced and further directing the register or clerk of
     every county in which the mortgaged premises are located to
     mark said mortgage reduced of record upon the production and
     delivery to such register or clerk of a certified copy of
     the order and the receipt of such officer showing that the
     amount required by said order and which receipt shall be
     recorded, filed and indexed by any such register or clerk in
     the same manner as a certificate of discharge of a release
     from lien of mortgaged premises. Said receipt need not be
     acknowledged to entitle it to be recorded. The court in its
     discretion, when granting any such order after application
     therefor pursuant to subdivision two of this section, may
     award costs and reasonable attorneys' fees to the person
     making the application, in the absence of the showing of a
     valid reason for the failure or refusal to execute the
     partial release from lien of mortgaged premises and deliver
     the same. The money deposited shall be payable to the
     mortgagee, his representatives or assigns, less any court
     costs and reasonable attorneys' fees allowed by the court as
     herein provided which shall be paid to the owner of the
     mortgaged premises who has made application for the order
     herein referred to upon an order of the supreme court or
     county court, directing the payment thereof to such owner
     upon such evidence as to his right to receive the same as
     shall be satisfactory to the court.

6.   Wherever any register or clerk shall record any order and
     receipt as hereinbefore specified, he shall mark the record
     of said mortgage, if same be recorded, as follows:

     "Part of the premises herein described have been released
     from lien of this mortgage by order of the __________ court,
     County of ___________, dated __________ and filed __________
     a description of the property so released being contained in
     such order"

     and thereupon the lien of such mortgage shall be deemed to
     be released as to the premises so described in such order
     and the debt or obligation secured thereby shall be deemed
     to be reduced as provided in such order. Said register or
     clerk shall be permitted to charge for recording and filing
     said order and receipt, the same fees to which he is
     entitled for recording and filing a certificate of release
     of lien of mortgaged premises.

7.   The word "mortgagee" whenever used in this section shall be
     construed to include the persons entitled to enforce or
     satisfy the mortgage and the personal representatives,
     successors and assigns, of such persons.

8.   Nothing contained in this section shall limit or abridge any
     rights or remedies otherwise available at law or in equity
     to the owner of the mortgaged premises or any other person
     having an interest in such mortgaged premises.


Sec. 1931.     DISCHARGE OF RECORD OF ANCIENT MORTGAGES PRESUMED
               PAID.

1.   The mortgagor, his heirs or any person having any interest
     in any lands described in any mortgage of real estate in
     this state, which is recorded in this state, or mentioned in
     a deed recorded in this state, and which, from the lapse of
     time, is presumed to be paid, or in any moneys into which
     said lands have been converted under a decree of a court of
     competent jurisdiction, and which are held in place of such
     lands to answer such mortgage, may present his petition
     together with an official search of the recording officer in
     whose office the mortgage is recorded, or a search prepared
     by a person duly licensed and admitted to practice law in
     this state or by a title company duly incorporated and
     authorized to transact business in this state showing
     assignments of record, if any, to the courts mentioned in
     this article, asking that such mortgage may be discharged of
     record.

2.   Such petition shall be verified; it shall describe the
     mortgage, and when and where recorded, or if such mortgage
     is not recorded that the same may be adjudged to have been
     paid and to be no longer a lien upon the lands therein
     described, and shall allege that such mortgage is paid; that
     the mortgagee has, or, if there be more than one mortgagee,
     that all of them have been dead for more than five years; or
     if such mortgage has been assigned by an instrument in
     writing for that purpose executed and acknowledged, so as to
     entitle the same to be recorded, and such instrument of
     assignment has been recorded in the office of the clerk of
     the county where the mortgaged premises or some portion
     thereof is situated, and the assignee or assignees of said
     mortgage have been dead for more than five years, such
     petition shall state such facts, and no statement respecting
     the mortgagee or mortgagees or the names and places of
     residence of their heirs shall be required; or if such
     mortgagee be a corporation or association, that such
     corporation or association has ceased to exist and do
     business as such for more than five years; the time and
     place of his or their death, and place of residence at the
     time of his or their death; whether or not letters
     testamentary or of administration have been taken out, or,
     if said mortgagee or mortgagees, or assignee or assignees at
     the time of his or their death resided out of this state,
     whether or not letters testamentary or of administration
     have been taken out in the county where such mortgaged
     premises are situated; or if a corporation or association,
     its last place of business; the names and places of
     residence, as far as the same can be ascertained, of the
     heirs of such mortgagee or mortgagees, or assignee or
     assignees; or, if such mortgagee be a corporation or
     association, then the names of one or more of the receivers,
     if any were appointed, or of the person who has the care of
     the closing up of the business of such corporation or
     association, and that such mortgage has not been assigned or
     transferred, and if such mortgage has been assigned, state
     to whom and the facts in regard to the same.

     Provided, however, that if such mortgage has been duly
     assigned, by indorsement thereof or otherwise, but not
     acknowledged so as to entitle the same to be recorded, then
     it shall be competent for the court, at any time within the
     period aforesaid, upon proof that all the matters
     hereinbefore required to be stated in said petition are
     true, and that the assignee of such mortgage if living, or
     his personal representative if dead, has been paid the
     amount due thereon, to make an order that such mortgage be
     discharged of record.

     Provided, further, that in case of a mortgage which was
     recorded or adjudged to have been paid and no longer a lien,
     more than fifty years prior to the presentation of such
     petition, if the petitioner is unable with reasonable
     diligence to ascertain the facts herein required to be
     stated in the petition, other than the fact of payment, the
     petition may set forth the best knowledge and information of
     the petitioner in respect thereto and what efforts have been
     made to ascertain such facts, and if the court shall be
     satisfied that the petitioner has made reasonable effort to
     ascertain such facts, and that the same cannot be
     ascertained with reasonable diligence, it may then, in its
     discretion, proceed upon said petition as hereinafter
     provided.

3.   Such petition may be presented to the supreme court in the
     county in which the mortgaged premises are situated, or to
     the county court of such county.

4.   The court, upon the presentation of such petition, shall
     make an order requiring all persons interested to show cause
     at a certain time and place, why such mortgage should not be
     discharged of record. The names of the mortgagor, mortgagee
     and assignee, if any, the date of the mortgage and where
     recorded, and the town or city in which the mortgaged
     premises are situate, shall be specified in the order. The
     order shall be published in such newspaper or newspapers,
     and for such time as the court shall direct. The court may
     also direct the order to be personally served upon such
     persons as it shall designate.

5.   The court may issue commissions to take the testimony of
     witnesses and may refer it to a referee to take and report
     proofs of the fact stated in the petition. The certificate
     of the proper surrogate or surrogates, whether or not
     letters testamentary or of administration have been issued,
     shall be evidence of the fact; and the certificate of the
     clerk of the county or counties in which the mortgaged
     premises have been situate, since the date of the said
     mortgage, shall be evidence of the assignment of such
     mortgage, or of a notice of the pendency of an action to
     foreclose such mortgage, and of such other matters as may be
     therein stated; or if a notice of the pendency of an action
     to foreclose such mortgage has been filed, then his
     certificate that such mortgage has never been foreclosed.
     Unless the allegation of payment shall be denied, and
     evidence be given tending to rebut the presumption of
     payment, arising from lapse of time, such lapse of time
     shall be sufficient evidence of payment. Upon being
     satisfied that the matters alleged in the petition are true,
     the court may make an order that the mortgage be discharged
     of record.


Sec. 1932.     DISCHARGE OF RECORD OF ANCIENT MORTGAGE WHERE TIME
               OF MATURITY IS DEPENDENT ON CONTINGENT EVENT
               RELATED TO USE OF PREMISES.

1.   The lien of every mortgage or conveyance of real estate in
     this state given as security for the payment of money,
     recorded more than seventy-five years ago, where the time of
     maturity thereof is dependent solely upon the occurrence of
     a contingent event relating to use of the mortgaged premises
     for religious purposes, and where the reason for such use no
     longer applies to the mortgaged premises because of changes
     in the type of neighborhood in which the premises are
     situated, may be discharged of record by judgment of the
     supreme court in the county where the mortgaged premises are
     situated, or of the county court of such county, in the
     manner provided in this section.

2.   The court, upon presentation of a petition, together with an
     official search of the recording officer in whose office the
     mortgage is recorded or a search prepared by a person duly
     licensed and admitted to practice law in this state or by a
     title company duly incorporated and authorized to transact
     business in this state showing such recordation and
     assignments of record, if any, the petition showing such
     contingent event relating to the use of the mortgaged
     premises for religious purposes and that the reason for such
     use no longer applies to the mortgaged premises because of
     changes in the type of neighborhood in which the mortgaged
     premises are situated, and showing that the petitioner has
     made reasonable effort to locate the mortgagee or other
     person or persons authorized to execute and deliver a
     satisfaction of such mortgage or conveyance but has been
     unable to do so after the exercise of reasonable diligence,
     shall make an order requiring all persons interested to show
     cause at a certain time and place, why such mortgage should
     not be discharged of record. Such order to show cause and
     the publication and service thereof shall comply with the
     requirements of section 1931 of this chapter, and the
     proceedings on the return of such order to show cause shall
     comply with the requirements of section 1931 of this chapter
     except as to the allegation of payment and evidence to rebut
     the presumption thereof.

3.   Any judgment of the court thereon discharging the mortgage
     of record shall be made only upon proof of such contingent
     event relating to use of the mortgaged premises for
     religious purposes, and of the changes in the type of
     neighborhood in which the mortgaged premises are situated,
     showing that the reason for such use no longer applies to
     the mortgaged premises, and upon proof of the other matters
     alleged in the petition; and any such judgment shall be made
     without prejudice to the right, if any, of the mortgagee,
     his representatives or assigns or other person or persons to
     receive or collect the mortgage debt in any action or
     proceeding not affecting such mortgaged premises.


Sec. 1933.     WHEN COUNTY CLERK OR REGISTER TO DISCHARGE
               MORTGAGE OF RECORD.

The county clerk, upon being furnished with an order discharging
a mortgage of record, as provided in section 1931 or section
1932, and, in the city of New York, the register, upon being
furnished with a certified copy of such order, and upon payment
of the fees allowed by law for discharging mortgages, shall
record the order and discharge the mortgage of record.


Sec. 1941.     WHEN SPECIAL PROCEEDING TO QUIET TITLE MAY BE
               MAINTAINED.

Whenever real property shall have been conveyed by a sheriff or
referee, pursuant to a judicial decree, which decree has been
lost or destroyed, and the defendants (other than lienors or
incumbrancers) named in the notice of pendency of the action in
which such decree was made, or those who might claim under them,
or either of them, are dead, unknown or their whereabouts can not
after diligent inquiry be ascertained, the person who has been,
or he and those having his estate who have been, for ten years in
actual possession of such property claiming it in fee under said
sheriff's or referee's deed, which deed shall have been recorded
at least ten years, may maintain a special proceeding for the
purpose of establishing judicially his or their title to such
real property.


Sec. 1942.     PETITION IN SPECIAL PROCEEDING TO QUIET TITLE.

1.   A person or persons, desiring to institute a proceeding
     under section nineteen hundred forty-one, must present a
     petition to the supreme court at a special term to be held
     in the judicial district in which the real property is
     situated, setting forth the facts proving to the
     satisfaction of the court, that the case is one of those
     specified in that section, and must describe the property
     with common certainty, and state what, if any, liens or
     incumbrances exist thereon, and the names of the persons, if
     any, besides the petitioners, who have been in the actual
     possession of the property during the past ten years
     claiming title as owners thereof in fee, and how such title
     was derived, and shall also annex to said petition a duly
     certified copy of the sheriff's or referee's deed recorded
     ten years since under which petitioners claim title.

2.   In case the property described in said sheriff's or
     referee's deed shall have been subdivided, the owner or
     owners of the several parcels thereof may unite in the same
     petition and proceeding.


Sec. 1943.     ORDER FOR PUBLICATION OF NOTICE TO PERSONS
               INTERESTED.

Upon the presentation of such petition, duly verified, the said
court shall make an order for the publication of a notice
requiring all persons claiming any interest in the real property
described in such petition to appear before the court at a
special term thereof, to be held at a time and place to be
therein specified, not less than three months nor more than six
months thereafter, and show cause, if any they have, why they
should not be forever barred from maintaining any action or
proceeding for the recovery of the real property, which shall be
substantially described as set forth in said petition, and which
notice shall also contain a reference to the time and place of
record of the sheriff's or referee's deed referred to in the
petition. Said publication shall be made once a week for three
months successively prior to the return day named in said notice
in two newspapers designated in the order as most likely to give
notice to any claimant of the property.


Sec. 1944.     HEARING AND FINAL ORDER UPON NON-APPEARANCE OF
               ADVERSE CLAIMANTS.

Upon the return day named in said notice the court shall proceed
summarily to inquire into the truth of the matters set forth in
the petition, and may appoint a referee for that purpose, and if
there shall be no appearance by any person claiming any adverse
interest to the petitioners in the real property described in the
petition, the court may make a final order declaring that the
title of the petitioner to such real property has been judicially
established, which final order, together with the petition and
order for and proof of publication of the notice, and the proofs
taken before the court or referee shall be filed in the office of
the clerk of the county in which the real property is situated,
and such final order shall be evidence of the facts so declared
to be established thereby in all courts and places, and
thereafter no action or proceeding for the recovery of the real
property described in said final order or any part thereof, or of
any interest therein, shall be maintained by any person named as
a defendant in the notice of pendency of action referred to in
section 1941, or by any person or persons claiming under such
defendant or either of them.


Sec. 1945.     HEARING AND FINAL ORDER UPON APPEARANCE OF ADVERSE
               CLAIMANTS.

If any person shall appear on the return day of said notice and
claim in writing an interest in the real property adverse to that
of the petitioners, stating the nature of his claim and his place
of residence, the court may proceed in like manner to inquire
into the truth of the facts stated in the petition and may make a
final order in like manner and with like effect as above
provided, except that such final order shall not affect in any
way any person who shall have appeared on the return day and
asserted a claim adverse to the petitioners, as herein provided
for.


Sec. 1946.     NOTICE OF PENDENCY TO BE FILED AND RECORDED.

No final order pursuant to section 1944 or section 1945 shall be
made until the petitioners named in said proceedings, or their
attorney, shall file in the clerk's office of the county in which
such real property is situated a notice of the pendency of the
said special proceeding, containing the names of all the persons
claiming to be then owners of the property in fee, pursuant to
said sheriff's or referee's deed, the object of the proceeding,
together with a brief description of said property. Each county
clerk with whom such notice is filed must immediately record it
in the book kept in his office for recording of notices of
pendency of an action, and index it to the name of each person
claiming to be owner as aforesaid, and said clerk shall be
entitled to receive for his services the same fees therefor as
are now allowed by law for filing, recording and indexing a
notice of pendency of action.


Sec. 1951.     EXTINGUISHMENT OF NON-SUBSTANTIAL RESTRICTIONS ON
               THE USE OF LAND.

1.   No restriction on the use of land created at any time by
     covenant, promise or negative easement, or created on or
     after September 1, 1958, by a special limitation or
     condition subsequent governed by section 1953, shall be
     enforced by injunction or judgment compelling a conveyance
     of the land burdened by the restriction or an interest
     therein, nor shall such restriction be declared or
     determined to be enforceable, if, at the time the
     enforceability of the restriction is brought in question, it
     appears that the restriction is of no actual and substantial
     benefit to the persons seeking its enforcement or seeking a
     declaration or determination of its enforceability, either
     because the purpose of the restriction has already been
     accomplished or, by reason of changed conditions or other
     cause, its purpose is not capable of accomplishment, or for
     any other reason.

2.   When relief against such a restriction is sought in an
     action to quiet title or to obtain a declaration with
     respect to enforceability of the restriction or to determine
     an adverse claim arising from the restriction, or is sought
     by way of defense or counterclaim in an action to enforce
     the restriction or to obtain a declaration with respect to
     its enforceability, if the court shall find that the
     restriction is of no actual and substantial benefit to the
     persons seeking its enforcement or seeking a declaration or
     determination of its enforceability, either because the
     purpose of the restriction has already been accomplished or,
     by reason of changed conditions or other cause, its purpose
     is not capable of accomplishment, or for any other reason,
     it may adjudge that the restriction is not enforceable by
     injunction or as provided in subdivision 2 of section 1953
     and that it shall be completely extinguished upon payment,
     to the person or persons who would otherwise be entitled to
     enforce it in the event of a breach at the time of the
     action, of such damages, if any, as such person or persons
     will sustain from the extinguishment of the restriction.


Sec. 1953.     EFFECT OF CERTAIN SPECIAL LIMITATIONS AND
               CONDITIONS SUBSEQUENT.

1.   Except as provided in subdivision 4, a special limitation or
     condition subsequent created on or after September 1, 1958
     shall be governed by this section in any case where it
     expressly or by necessary result restricts the use of land,
     but if such special limitation or condition subsequent also
     creates a possibility of reverter or right of entry
     conditioned upon an event other than breach of such a
     restriction, it shall be governed by this section to the
     extent only that the right of entry or possibility of
     reverter is conditioned upon breach of such express or
     implied restriction on the use of land.

2.   No reverter shall occur and no possessory estate shall
     result by reason of such special limitation, and no right of
     entry shall accrue by reason of breach of such condition
     subsequent, but upon the happening of such a breach the
     person or persons who would have such possessory estate or
     right of entry except for this section, may maintain an
     action in the supreme court to compel a conveyance to him or
     them of the land, or the interest therein, which is subject
     to the special limitation or condition subsequent.

3.   The relief provided in subdivision 2 shall be granted only
     to protect a substantial interest in enforcement of the
     restriction, established by the person or persons in whose
     favor the relief is granted. The action provided for in this
     section shall be subject to any defense that might be
     interposed in an action to enjoin a violation of the
     restriction if it were created by covenant of the person or
     persons against whom the relief is sought, and the court may
     deny such relief, or impose conditions upon the granting
     thereof, or grant alternative relief, upon like cause and in
     like manner as in an action for such injunction. If it
     appears that the relief provided in subdivision 2 would be
     inequitable, the court may, in lieu thereof, restrain the
     repetition or continuation of a breach of the restriction,
     or it may grant the relief provided in subdivision 2 upon
     such terms as justice may require to avoid a forfeiture of
     the value of improvements or other unjust enrichment.

4.   This section shall not apply where the special limitation or
     condition subsequent was created in a conveyance or devise,
     whether or not in trust, for benevolent, charitable,
     educational, public or religious purposes and restricts the
     use of land to such a purpose or to a particular application
     or means of carrying out such purpose, or was created by a
     lease for a term of less than one hundred years and
     restricts use of the leased premises.


Sec. 1954.     ACTION TO LIMIT EXISTING POSSIBILITIES OF REVERTER
               AND RIGHTS OF ENTRY RESTRICTING THE USE OF LAND.

1.   This section shall apply to a special limitation or
     condition subsequent created prior to September 1, 1958
     which would be subject to section 1953 if it had been
     created on or after September 1, 1958.

2.   The owners of the estate subject to the special limitation
     or condition subsequent, or one or more of such owners, may
     maintain an action to obtain a judgment that the special
     limitation or condition subsequent be governed by section
     1951 and section 1953, or that it be so governed to the
     extent of particular terms of the special limitation or
     condition subsequent, or to the extent of a particular part
     of the land burdened by the restriction. Such action may be
     maintained against one or more of the persons who would have
     a possessory estate resulting from the occurrence of the
     reverter or a right of entry for breach of the condition if
     a breach of the restriction had occurred at the time the
     action is commenced, to obtain such a judgment with respect
     to the interests of the parties to the action.

3.   Except as provided in subdivision 4, the court may grant the
     relief described in subdivision 2 if it finds that the
     primary purpose of the special limitation or condition
     subsequent was to restrict the use of land and that the
     tenor of the restriction, the circumstances in which it was
     imposed, and the conditions in which it operates at the time
     of the action are such that the special limitation or
     condition subsequent unreasonably limits the use and
     development of the land or unreasonably impairs the
     certainty of titles.

4.   The relief provided in this section shall not be granted if
     the court finds that a breach of the restriction has already
     occurred.

5.   If the complaint in any such action is dismissed on the
     ground that a breach of the restriction has already occurred
     at the time the action is brought or relief is denied on
     such ground, the right of entry for breach of the condition
     or any cause of action to recover possession of the land,
     owned by a person who was a party to the action, or a person
     claiming through or under him, must be asserted in the same
     action or by action commenced within six months from the
     entry of the judgment therein, and if such action is not
     commenced within that time the right of entry, or the
     possessory estate resulting from the occurrence of the
     reverter, shall be extinguished to the extent that it is
     vested at the time of the entry of the judgment in persons
     who are parties to the action, or thereafter vests in
     persons claiming through or under them by title accruing
     after the filing of a notice of pendency of the action.

6.   The action provided in this section may be commenced at any
     time.


Sec. 1955.     MODIFICATION OR EXTINGUISHMENT OF CERTAIN
               RESTRICTIONS ON THE USE OF LAND HELD FOR
               CHARITABLE PURPOSES.

1.   Where land is held, whether or not in trust, for benevolent,
     charitable, educational, public or religious purposes and
     the use of such land is restricted to such purpose or to a
     particular application of or means of carrying out such
     purpose by a special limitation or condition subsequent
     created in the conveyance or devise under which the land is
     so held, or by an agreement to convey, reconvey or surrender
     the land or the estate so held upon a contingency relating
     to its use, an action may be brought in the supreme court to
     obtain relief from such restriction as provided in this
     section.

2.   No action for the relief provided in this section shall be
     commenced until the expiration of two years from the
     creation of the special limitation or condition subsequent,
     or the making of the agreement. The attorney-general shall
     be a party to such action.

3.   In determining whether relief shall be granted, and the
     nature of such relief, the court shall consider and shall
     make findings with respect to the following:

     (a)  whether the primary purpose of the special limitation,
          condition subsequent or agreement to convey, reconvey
          or surrender was to restrict the use of the land;

     (b)  whether the purpose of the restriction was to ensure
          that the substantial value of the land or of the estate
          subject to the special limitation, condition subsequent
          or agreement, rather than the land itself, or such
          estate itself, be devoted to and employed for a
          benevolent, charitable, educational, public or
          religious purpose.

          If the findings with respect to (a) and (b) are such as
          to make the following matters relevant or appropriate
          for consideration, the court shall also consider and
          make findings with respect to the following:

     (c)  whether the existence of the restriction is
          substantially impeding the owner of the land, or of the
          estate subject to the special limitation, condition
          subsequent or agreement, in the furtherance of the
          benevolent, charitable, educational, public or
          religious purposes for which the land is held;

     (d)  whether the person or persons who would have a right of
          entry, possessory estate resulting from the occurrence
          of a reverter, or right to conveyance, reconveyance or
          surrender of the land or estate in the event of breach
          of the restriction at the time of the action will
          suffer substantial damage by reason of extinguishment
          or modification of the restriction, and, in such event,
          whether damages or restitution of the land, or its
          value, in whole or in part, should be awarded to such
          person or persons.

4.   The judgment of the court may include, in the discretion of
     the court, an adjudication (a) that the restriction is
     discharged in whole or in part, or that its tenor is
     modified as provided in the judgment; (b) that the holder of
     the land or estate therein subject to the restriction be
     authorized or directed to convey, lease, mortgage or
     otherwise dispose of the land or estate therein free of the
     restriction and that the purchaser under such disposition
     shall take free of the restriction; (c) directing the use to
     which the avails of any such disposition shall be put; (d)
     declaring the interests that the owners of the possibility
     of reverter or right of entry, or persons having an interest
     pursuant to the agreement, shall have in any property paid
     for in whole or in part with the proceeds of the
     disposition; (e) awarding damages for such injury as a party
     to the action may sustain by reason of extinguishment or
     modification of the restriction. The judgment may include
     such other provisions as will in the opinion of the court
     further the benevolent, charitable, educational, public or
     religious purposes for which the land is held and such other
     provisions as equity may require.

5.   This section shall apply to a special limitation or
     condition subsequent created or agreement made either before
     or after September 1, 1958, except that it shall not apply
     (a) where a right of entry or right to a conveyance,
     reconveyance or surrender of the property has accrued or a
     reverter has occurred prior to that date, or (b) where the
     conveyance creating the restriction was made by or the
     agreement creating the restriction was made with the United
     States, the state of New York or any governmental unit,
     subdivision or agency of the United States or the state of
     New York.



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