NY State — NY Real Property Law

§ 392 — SECTION 392 Fraud; action to set aside or appeal from the final order or judgment of registration or to recover the property

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

What is NY RPL § 392?

Quick Answer

This section allows for the setting aside of title registrations obtained through fraud, mirroring the procedures for fraudulent deeds. It stipulates that actions must be initiated within ten years of the registration order and protects the rights of innocent purchasers. Applies to property owners involved in fraudulent registration cases.

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

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§ 392 SECTION 392 Fraud; action to set aside or appeal from the final order or judgment of registration or to recover the property

RPL § 392

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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