N.Y. Real Property Law 332 – The record of certain conveyances validated
§ 332. The record of certain conveyances validated. 1. The record made prior to July first, nineteen hundred fifty-five in the office of the recording officer of any county in this state of any deed, mortgage, assignment or satisfaction piece of a mortgage, or other conveyance or power of attorney, otherwise authorized to be recorded therein, notwithstanding that the certificate of acknowledgment or proof did not set forth the place of residence of a subscribing witness or of a corporate officer or director, or did not set it forth with sufficient particularity, and notwithstanding any other defect in the form of the certificate of acknowledgment or proof or the failure to append thereto a certificate as to the authority of the person who took the acknowledgment or proof, to take the same, or any defect in the form of such certificate of authority, shall be in all respects as valid and effectual as though such certificate of acknowledgment or proof or certificate of authority had been in proper form or such certificate of authority had been appended to such instrument. Provided only that such person was duly authorized at the time of taking the proof or acknowledgment to take the same in the county where the instrument is recorded or in the place, whether within or without the United States, where the same was taken.
Terms Used In N.Y. Real Property Law 332
- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- purchaser: includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. See N.Y. Real Property Law 290
- 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. All acknowledgments or proofs of conveyance of real property made or taken prior to April tenth, nineteen hundred thirty, before a judge, clerk, deputy clerk or special deputy clerk of a court not of record of this state are confirmed.
3. All acts of the secretary of state of any state or territory of the United States in authenticating a certificate of acknowledgment or proof of a conveyance of real property within the state, performed before October first, nineteen hundred twenty-five, are hereby confirmed, provided that the said certificate of authentication is in the form required by the laws of this state on March twenty-third, nineteen hundred twenty-six or now required by law.
4. If an instrument is recorded hereafter notwithstanding the omission from the certificate of acknowledgment or proof of the street and street number of a subscribing witness or of a corporate officer or director contrary to the provisions of sections three hundred four, three hundred nine, three hundred nine-a and three hundred nine-b of this article, the record of such instrument shall not be invalidated by reason of such omission nor shall the title founded on such instrument be impaired thereby.
5. Nothing in this section shall effect any pending action or proceeding nor the rights of any purchaser in good faith and for a valuable consideration whose conveyance shall have been duly recorded before this section as amended shall take effect.