2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
404-A - Withdrawal from registration in certain instances.

 
    §   404-a.   Withdrawal   from   registration  in  certain  instances.
  Notwithstanding the provisions of section  four  hundred  four  of  this
  chapter,  a  title  to  real  property which has been duly registered as
  provided  by  article  twelve  thereof  may  be  withdrawn   from   such
  registration  upon  application to the supreme court by the owner of the
  fee title to the property.  An  application  for  such  withdrawal  from
  registration  may be filed with the registrar of the county in which the
  title is then registered and shall be entitled "in  the  matter  of  the
  application  of  (stating  the  name  of  the  registered owner) for the
  withdrawal from registration  of  the  title  to  certain  lands."  Such
  application,  in  such form as may be approved by the registrar, must be
  made by the registered owner of the fee of the real property.  It  shall
  set  forth  and  recite in detail the name and postoffice address of the
  registered owner, the number of the certificate of  title  last  issued,
  the  date  of  the  last registration of the title, a description of the
  real property as stated in the certificate  of  title  together  with  a
  reference  to  the  proper  section,  block  and  lot  numbers if any, a
  complete recital of all memorials entered on the certificate  of  title,
  the  names  and addresses of all persons owning any incumbrance, charge,
  trust or lien  on  the  premises,  a  statement  of  all  unpaid  taxes,
  assessments  and  water  rates  due  and  payable,  a  statement  of the
  circumstances existing which render continued registration of the  title
  impracticable  and  inexpedient,  and  a  prayer for the withdrawal from
  registration. The application shall be duly  verified  and  executed  in
  duplicate. The registrar shall file one copy as a document in his office
  and enter the same as a memorial on the certificate of title to which it
  relates.  The  other  copy shall be delivered to an official examiner of
  title who shall forthwith proceed to examine the title since the date of
  the first or initial registration thereof and investigate the facts  set
  forth  in  the application. Thereafter he shall make a report in writing
  to the supreme court of his findings and  a  recommendation  as  to  the
  proper  disposition  of  the application. The registrar shall set down a
  date for hearing on the application in the "title  part"  of  a  special
  term of the supreme court, which date shall be not less than twenty days
  after  the  filing  of the application; and he shall notify by certified
  mail demanding a personally signed return receipt card  all  persons  or
  parties  who  appear  by the report of the official examiner of title to
  have any interest in or incumbrance, charge, trust,  or  lien  upon  the
  said  real  property.  At the hearing any of the parties in interest may
  appear and consent or object to  the  granting  of  the  prayer  of  the
  application. Whether granted or denied, the supreme court shall enter an
  order  disposing  of  the application and after such order is filed with
  the clerk of the county a transcript or certified copy of the same shall
  be filed with the registrar and by him entered  as  a  memorial  on  the
  certificate  of  title.  When  the  order  of the supreme court grants a
  withdrawal from registration of a  title  to  real  property  as  herein
  provided,  the  registered  owner thereof shall forthwith deliver to the
  registrar and surrender his owner's duplicate certificate of  title,  or
  if  the  same  has  been  lost  or  destroyed  a  new  owner's duplicate
  certificate of title  obtained  as  provided  in  section  four  hundred
  fourteen  of  this  chapter.  The registrar shall then cause the owner's
  duplicate certificate of title to be  recorded  in  the  office  of  the
  recording  officer  of the county in which the real property is located,
  and thereafter permanently filed in his own office. A certified copy  of
  the  record  shall  be  delivered  to the registered owner as his future
  evidence of title.
    The recording of the owner's duplicate certificate of title  shall  be
  notice  of the recitals and matters therein contained, and shall also be

  notice of the fact that the title to the real property therein described
  is no longer registered nor subject to the provisions of article  twelve
  of this chapter. From the time of such recording and until any future or
  further  registration  of  the title thereof, said property shall be and
  become as to all matters  subsequent  to  the  time  of  such  recording
  subject  to all provisions of law relating to real property the title to
  which has not at any time been registered.
    The final order and judgment of registration by the court pursuant  to
  which  the  aforesaid  title  to real property was originally registered
  shall continue to be binding and conclusive as a decree or  judgment  of
  the  supreme  court  in the same manner and to the same extent and be of
  the same force and effect as if the said title had  not  been  withdrawn
  from registration in accordance with the provisions of this section.
    The  fee  of the registrar for all services rendered by him and by the
  official examiner of title pursuant to this section shall be the sum  of
  one hundred dollars payable at the time of filing of the application for
  withdrawal  from  registration,  and  one-half  of the said fee shall be
  transferred by the registrar to  the  assurance  fund  provided  for  by
  section four hundred and twenty-six of this chapter. In addition thereto
  the  applicant  shall  pay to the registrar and the official examiner of
  title, their necessary expenses and disbursements incurred in connection
  with the withdrawal of the title from registration.