NY State — NY Real Property Law

§ 332 — SECTION 332 The record of certain conveyances validated

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 332?

Quick Answer

This section validates the recording of certain conveyances made prior to July 1, 1955, in New York State, despite defects in acknowledgment or proof. It confirms the validity of acknowledgments or proofs taken before specific officials and ensures that future recordings are not invalidated due to minor omissions. Applies to property owners involved in historical real estate transactions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 332 SECTION 332 The record of certain conveyances validated

RPL § 332

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.

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.

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