TOR

Torrens Titles

Article 12 of the New York Real Property Law is the New York Torrens Land Registration Act (RPL §§370 to 435). Registration of titles under the Torrens Act is optional. Torrens titles have peculiar requirements. There are only a handful of Torrens properties in most counties. It is most common in Suffolk County, and there are several in Kings and Rockland counties. Recent legislation adopted by the New York State legislature has begun a process of gradually abolishing the Torrens system in New York State.

Requirement

TORR01 STG

General Torrens

The following requirements must be complied with before policy issues:

1. Any instrument of transfer or mortgage must show the addresses of the parties thereto.

2. All the instruments taken at closing must contain a statement or reference setting forth the source of title of the party or parties of the first part and must contain a statement or reference setting forth the original Registration Number.

3. All instruments must contain a full and complete description of the premises involved.

4. All instruments must be filed with the Registrar of the County in which the premises herein are located.

5. Present owner must surrender the owner’s duplicate certificate of title to be canceled or endorsed.

6. New certificate of title must be issued to transferee or new owner and be duly registered by the Registrar.

7. Upon the filing of any mortgage, the Registrar issues a certified or “Registration Copy” of such mortgage and will require a fee therefor.

TORR02 STG

Seller other than Certified Owner

Title is certified as found registered. The requirements of the Land Title Registration Law must be met in order to obtain a new certificate of title in the names of the contract vendors. If the registered owner has died, the requirements of RPL § 423 must be met.

TORR03 STG

Foreclosure of Torrens Property

The premises herein, being registered under the Land Title Registration Law, are subject to all provisions of Article 12 of the Real Property Law. The Notice of Pendency must be filed in the County Clerk’s office, in accordance with the requirements of the CPLR and the RPAPL, and must also be memorialized in the registrar’s office pursuant to RPL § 420 in order to be notice to the registered owner or any person dealing with the property or any right or interest therein. The statute contains further requirements which must be met.

TORR04 STG

Satisfaction, release or assignment

If a mortgage is to be satisfied, released or assigned, the instrument cannot be filed without also submitting the Owner’s Duplicate Certificate.

Exception

TORX01 STG

Torrens registration requirements

The premises herein, being registered under the Land Title Registration Law, are subject to all provisions of Article 12 of the Real Property Law.