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.
Summary
This bill amends section 291 of the Real Property Law to require county clerks or city registrars to mail a written notice to the record owner when a conveyance of residential real property is recorded. The notice must be prominently formatted and inform the owner that documents have been filed to transfer title, identify the property, and advise the owner to seek legal counsel or law enforcement assistance if the transfer appears improper. The bill places the cost of the notice on the party seeking to record the conveyance, while allowing the clerk or registrar to charge a reasonable mailing fee.
The bill also creates an exception to that notice requirement for conveyances made by the State of New York or its political subdivisions in connection with a foreclosure of a tax lien in rem under the Real Property Tax Law. It further states that failure to mail the notice, or failure of the owner to receive it, does not affect the validity of the conveyance. The act would take effect immediately.
Impact
The bill would change New York real property recording procedures by adding a mandatory owner-notification step for recorded transfers of residential property, shifting notice costs to the recording party and imposing a limited administrative duty on county clerks and city registrars. It would also carve out state and local government conveyances tied to tax-lien foreclosure proceedings from the new notice requirement, leaving those transactions subject to existing foreclosure and recording rules rather than the added mailing obligation.
Sentiment
The available context suggests a generally protective, consumer-oriented purpose: the bill is designed to alert property owners when a transfer of their residential property has been recorded and to help them respond quickly if the transfer is unauthorized or fraudulent. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or support is documented here. The inclusion of a specific exemption for government tax-foreclosure conveyances suggests an effort to balance owner notice with administrative practicality.
Contention
The main policy tension is between strengthening notice to property owners and avoiding burdens on routine or government-administered conveyances. Potential concerns include the added mailing and administrative costs for recorders and filers, the risk of delayed or mistaken notices, and whether the notice requirement could complicate legitimate transfers. The explicit exemption for state and local tax-lien foreclosure conveyances indicates sensitivity to objections that the rule should not interfere with public foreclosure processes.
Same As
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.
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.
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.
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.
Prohibits the recording of conveyances suspected of being fraudulent; requires the clerk or registrar to report transactions believed to be or suspected of being fraudulent to the office of the attorney general and to local law enforcement or sheriff's office.
Prohibits the recording of conveyances suspected of being fraudulent; requires the clerk or registrar to report transactions believed to be or suspected of being fraudulent to the office of the attorney general and to local law enforcement or sheriff's office.
Property: conveyances; requirements for the conveyance of certain property in Roscommon County and Crawford County; modify. Amends secs. 3 & 4 of 2006 PA 584.