N.Y. Real Property Law 291-D – Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference
§ 291-d. Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference. 1. An instrument containing a form or forms of mortgage covenants, conditions, obligations, powers, releases, and other clauses may be recorded in the office of the recording officer of any county and such recording officer, upon the request of any person, on tender of the lawful fees therefor, shall record the same in his said office. Every such instrument shall be entitled on the face thereof as a "Master form recorded by ……. (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged or proved or certified to be entitled to record.
Terms Used In N.Y. Real Property Law 291-D
- conveyance: includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. See N.Y. Real Property Law 290
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: as used in this article , includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. See N.Y. Real Property Law 290
- recorded: means the entry, at length, upon the pages of the proper record books in a plain and legible hand writing, or in print or in symbols of drawing or by photographic process or partly in writing, partly in printing, partly in symbols of drawing or partly by photographic process or by any combination of writing, printing, drawing or photography or either or any two of them, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. Real Property Law 290
- recording officer: means the county clerk of the county, except in a county having a register, where it means the register of the county. See N.Y. Real Property Law 290
2. When any such instrument is recorded, the clerk or register shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real property.
3. Thereafter any of the provisions of such master form instrument may be incorporated by reference in any conveyance of real property situated within the state, if such reference in the conveyance states that the master form instrument was recorded in the county in which the conveyance is offered for record, the date when and the office, book and page or pages where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the conveyance. The recording of any conveyance which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the conveyance.
4. Whenever an instrument of conveyance is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in subdivision one of this section and stating the date when it was recorded and the county, office, book and page where it was recorded, preceded by the words "do not record" or "not to be recorded, " and plainly separated from the matter to be recorded as part of the conveyance, in such manner that it will not appear upon a photographic reproduction of any page containing any part of the conveyance, such matter shall not be recorded by the county clerk or register to whom the instrument is presented for recording; in such case the county clerk or register shall record only the conveyance apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.
5. For the purposes of any provision of law relating to fees for recording, entering or indexing of conveyances, or relating to searches, furnishing of certified copies, reproduction by photographic method or otherwise, or destruction, or to any other matter pertaining to the powers and duties of recording officers with respect to conveyances, except manner of indexing thereof, the master form instrument provided for in subdivision one of this section shall be deemed a conveyance.