N.Y. Real Property Law § 420: Enforcement of mortgages, charges, liens and incumbrances

§ 420. Enforcement of mortgages, charges, liens and incumbrances. All

charges, liens and incumbrances on registered property, or on any

estate, right or interest in the same, and all rights therein may be

enforced as now allowed by law; and all laws with reference to the

foreclosure, release or satisfaction of mortgages shall apply to

mortgages on registered property or on any estate, right or interest

therein, except as herein otherwise provided, and except that until

notice of the pendency of any suit to enforce such mortgage, charge,

lien or incumbrance is filed in the registrar's office and a memorial

thereof entered on the certificate in the title book, the pendency of

such suit shall not be notice to the registrar or to any person dealing

with the property or any right or interest therein. Upon the sale under

foreclosure or other action or proceeding directing the sale of real

property, the title to which is then a registered title, it shall be the

duty of the officer making the sale to report such sale to the justice

assigned to the "title part" of the special term, who shall thereupon

designate an official examiner of title to examine into the action or

proceeding or any other fact or circumstance affecting the title since

the last registration thereof. The examiner of title shall prepare his

report immediately and shall file one copy with the court designating

him and one copy with the officer making the sale. The officer making

the sale shall not deliver a deed of the property sold until the

examiner's report is filed with him showing the regularity of the acts

and proceedings subsequent to the last registration of title. The

justice of the "title part" shall upon the production of the deed from

the officer making the sale and upon the report of the examiner approve

said deed and make an order directing the registrar to register the

title accordingly. The fees for the services of the official examiner

under this section shall not exceed the sum of five dollars unless an

additional allowance is directed by the justice of the "title part."