NY State — NY Real Property Law

§ 409 — SECTION 409 Filing, entering and indexing papers pursuant to this act; tickler certificate

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

What is NY RPL § 409?

Quick Answer

This section outlines the procedures for filing, entering, and indexing papers related to property registration with the registrar. It mandates the creation of a tickler certificate book for tracking pending registration papers and establishes indexing protocols for registered properties. Applies to property registrars and individuals involved in property registration proceedings.

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

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§ 409 SECTION 409 Filing, entering and indexing papers pursuant to this act; tickler certificate

RPL § 409

Every paper filed with the registrar shall be given a serial number in the order of its filing, and then shall be entered by the registrar in an "entry book" under columns showing:

First. The serial number;

Second. Day of filing;

Third. Filing number of petition to which it relates if the registration proceedings are still pending;

Fourth. Certificate number, if registration proceedings are completed and certificate has been issued;

Fifth. Kind of paper filed;

Sixth. Name of the person in whose interest the paper is filed.

Every paper filed with the registrar affecting property for which registration proceedings are pending shall in addition to its own serial number receive the petition number and be kept by the registrar with the petition to which it relates or affects. The registrar shall provide a book to be known as "the tickler certificate book" wherein he shall note all filed papers affecting property for which registration proceedings are pending. Each page shall constitute a separate tickler certificate, and on said certificate he shall enter the character of the paper, the date of filing and the filing or serial number. The tickler certificate, subject to such change as the case may require, shall be substantially as follows:

Petition number ....................

This certifies that the following papers have been filed in the office of the registrar of ............ county affecting, or in connection with an action or proceeding to register the title to the following described real property, to wit:

(The description to appear here) ________________________________________________________________________

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Character of paper. | When filed. | Filing number. ________________________________________________________________________

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A memorial of every paper filed with the registrar affecting title to registered property shall be entered at once upon the last original certificate to which it relates. Every paper filed with the registrar affecting title to property shall be indexed from its contents as follows: In an index showing in alphabetical order in one column or in a set of columns the names, places of residence with street numbers, if any, and post office addresses of all persons in whose interests petitions for registration of title are filed; the names, places of residence with street numbers, if any, and post office addresses of all persons to whom any interest, right or power in real property is granted or released; and the names, places of residence with street numbers, if any, and post office addresses of all persons claiming an interest in real property; also, in separate columns the kinds of papers filed, the numbers of the filed papers, the dates of filing, the filing numbers of petition to which they relate (if petition is pending) and the numbers of the last original certificate to which they relate (if the title to the property is registered). Whenever a judgment or an order of court directs that the title to real property be registered, it shall also direct the registrar to transfer all proper liens and incumbrances filed against the property pending registration to the certificate of title so to be issued. In those counties which have block indexes, an index shall be kept by blocks of all registered property described by lot, diagram or other appropriate designation, and the owners thereof with a reference to the certificate numbers in which the properties are registered; if any system of indexing by lot numbers is in use the index lot numbers shall be shown. There shall also be kept in those counties a block index of conveyances and a block index of mortgages for registered lands in substantially the same form with necessary changes as provided in the respective block index laws of those counties. In counties which have no block indexes the registrar shall also keep an index of all properties registered under this article, in which such registered properties shall be indexed according to a brief description thereof.

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