§ 392. Fraud; action to set aside or appeal from the final order or judgment of registration or to recover the property. Any title registration procured by or as the result of fraud may be set aside, in the same manner and by the same proceedings as in the case of a deed obtained by fraud, provided that such proceedings for setting aside the registration shall not injuriously affect the rights of an innocent purchaser or incumbrancer of the property after such registration, for value and without actual notice of the fraud, and provided further that the action or other proceeding to set aside such registration be commenced within ten years from the time when the final order or judgment of registration was filed in the office of the county clerk of the county in which the property is located. No action or proceeding or appeal shall lie or be commenced, except on the ground of fraud as above stated, to set aside or appeal from any final order or judgment of registration or to modify or affect the same or for the recovery of registered property or any estate, right or interest in or lien upon the same or any part thereof, or to make any entry thereon, adversely to the title or interest registered therein, as directed by a final order or judgment of registration of the court, unless such action or proceeding or appeal is commenced or taken within thirty days after a certified copy of such final order or judgment of registration is filed in the office of the registrar of the county in which the property is located.

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Terms Used In N.Y. Real Property Law 392

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fraud: Intentional deception resulting in injury to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.