NY State — NY Real Property Law

§ 402 — SECTION 402 Fraud; notice only by registration

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

What is NY RPL § 402?

Quick Answer

This section addresses the conditions under which a transferee of registered real property is not required to investigate the circumstances of the title registration. It specifies that knowledge of unregistered interests does not constitute fraud. Applies to individuals involved in the transfer of registered real property.

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

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§ 402 SECTION 402 Fraud; notice only by registration

RPL § 402

Except in case of fraud and except also as herein otherwise provided, no person taking a transfer of any registered real property or of any estate or interest therein or lien or charge thereon from the registered owner shall be required to inquire into the circumstances under which, or the consideration for which such owner or any previously registered owner had the title registered, nor shall such transferee be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand or interest whatever; and the knowledge that an unregistered trust, lien, claim, demand or interest is in existence shall not of itself be imputed or treated as fraud.

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