N.Y. Real Property Law Section 291-D
Recording of master forms of mortgage covenants and clauses

  • incorporation thereof by reference

1.

An instrument containing a form or forms of mortgage covenants, conditions, obligations, powers, releases, and other clauses may be recorded in the office of the recording officer of any county and such recording officer, upon the request of any person, on tender of the lawful fees therefor, shall record the same in his said office. Every such instrument shall be entitled on the face thereof as a “Master form recorded by ....... (name of person causing the instrument to be recorded).” Such instrument need not be acknowledged or proved or certified to be entitled to record.

2.

When any such instrument is recorded, the clerk or register shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real property.

3.

Thereafter any of the provisions of such master form instrument may be incorporated by reference in any conveyance of real property situated within the state, if such reference in the conveyance states that the master form instrument was recorded in the county in which the conveyance is offered for record, the date when and the office, book and page or pages where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the conveyance. The recording of any conveyance which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the conveyance.

4.

Whenever an instrument of conveyance is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in subdivision one of this section and stating the date when it was recorded and the county, office, book and page where it was recorded, preceded by the words “do not record” or “not to be recorded, ” and plainly separated from the matter to be recorded as part of the conveyance, in such manner that it will not appear upon a photographic reproduction of any page containing any part of the conveyance, such matter shall not be recorded by the county clerk or register to whom the instrument is presented for recording; in such case the county clerk or register shall record only the conveyance apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.

5.

For the purposes of any provision of law relating to fees for recording, entering or indexing of conveyances, or relating to searches, furnishing of certified copies, reproduction by photographic method or otherwise, or destruction, or to any other matter pertaining to the powers and duties of recording officers with respect to conveyances, except manner of indexing thereof, the master form instrument provided for in subdivision one of this section shall be deemed a conveyance.

Source: Section 291-D — Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference, https://www.­nysenate.­gov/legislation/laws/RPP/291-D (updated Aug. 10, 2018; accessed Apr. 13, 2024).

290
Definitions 291
Recording of conveyances 291–A
Recording conveyances of land in towns in Chautauqua county 291–B
Recording conveyances of land in towns in Cattaraugus county 291–C
Recording memoranda of leases 291–CC
Recording modifications of leases 291–D
Recording of master forms of mortgage covenants and clauses 291–E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property 291–F
Rights where recorded mortgage restricts landlord’s action in respect to leases 291–G
Recording insurance information 291–H
Recording of liens by the state 291–I
Validity of electronic recording 291–J
Recording of declarations by the New York state energy research and development authority 292
By whom conveyance must be acknowledged or proved 292–A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation 293
Recording of conveyances heretofore acknowledged or proved 294
Recording executory contracts and powers of attorney 294–A
Recording assignments of rent 294–B
Recording brokers affidavit of entitlement to commission for completed brokerage services 295
Recording of letters patent 296
Recording copies of instruments which are in secretary of state’s office 297
Certified copies may be recorded 297–A
Recording of certified copies of bankruptcy papers 297–B
Recording of certified copies of judgments affecting real property 298
Acknowledgments and proofs within the state 299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof 299–A
Acknowledgment to conform to law of New York or of place where taken 300
Acknowledgments and proofs by persons in or with the armed forces of the United States 301
Acknowledgments and proofs in foreign countries 301–A
Acknowledgment to conform to law of New York or of foreign country 302
Acknowledgments and proofs by married women 303
Requisites of acknowledgments 304
Proof by subscribing witness 305
Compelling witnesses to testify 306
Certificate of acknowledgment or proof 307
When certificate to state time and place 308
When certificate must be under seal 309
Acknowledgment by corporation and form of certificate 309–A
Uniform forms of certificates of acknowledgment or proof within this state 309–B
Uniform forms of certificates of acknowledgement or proof without this state 310
Authentication of acknowledgments and proofs made within the state 311
Authentication of acknowledgments and proofs made without the state 312
Contents of certificate of authentication 313
Notary public 313–A
Deputies 314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead 314–A
Proof when witnesses are dead 315
Recording books 316
Indexes 316–A
Indexing and reindexing conveyances, mortgages and other instruments 316–B
Inactive hazardous waste disposal site registry index 317
Order of recording 318
Certificate to be recorded 319
Time of recording 320
Certain deeds deemed mortgages 321
Recording discharge of mortgage 321–A
Recording discharge of rent assignment 324
Effect of recording assignment of mortgage 325
Recording of conveyances made by treasurer of Connecticut 326
Revocation to be recorded 327
Penalty for using long forms of covenants 328
Certain acts not affected 329
Actions to have certain instruments canceled of record 329–A
Lapse of oil and gas interest within Allegany state park 330
Officers guilty of malfeasance liable for damages 331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same 332
The record of certain conveyances validated 332–A
Validation of the record, execution and proof or acknowledgment of certain other instruments 332–B
The record of certain other conveyances validated 333
When conveyances of real property not to be recorded 333–A
Same 333–B
Recording of maps or plot plans 333–C
Lands in agricultural districts 334
Maps to be filed 334–A
Filing of subdivision maps in Nassau county 335
Filing of maps and abandonment of subdivisions in Suffolk county 335–A
Easements of necessity 335–B
Recording of solar energy easements 336
Effect of recording demands or requirements of noncitizen property custodian
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Aug. 10, 2018

§ 291-D’s source at nysenate​.gov

Link Style