New York A 3218: Prohibits the recording of conveyances suspected of being fraudulent

Bill Text

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A03218 Summary:

BILL NOA03218A

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SAME ASSAME AS S00605-A

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SPONSORRosenthal

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COSPNSRForrest, Gallagher, Shrestha

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MLTSPNSR

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Amd §291, RP L

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Prohibits the recording of conveyances suspected of being fraudulent; requires the clerk or registrar to report transactions believed to be or suspected of being fraudulent to the office of the attorney general and to local law enforcement or sheriff's office.

Go to top A03218 Actions:

BILL NOA03218A

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01/23/2025referred to judiciary

01/07/2026referred to judiciary

03/12/2026amend and recommit to judiciary

03/12/2026print number 3218a

Go to topA03218 Committee&nbspVotes:

Go to topA03218 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03218 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3218--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Judiciary -- recommitted to the Committee on Judiciary in
 accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the real property law, in relation to prohibiting the
 recording of conveyances suspected to be fraudulent

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 291 of the real property law, as amended by chapter
 2 641 of the laws of 2019, is amended to read as follows:
 3 § 291. Recording of conveyances. 1. A conveyance of real property,
 4 within the state, on being duly acknowledged by the person executing the
 5 same, or proved as required by this chapter, and such acknowledgment or
 6 proof duly certified when required by this chapter, may be recorded in
 7 the office of the clerk of the county where such real property is situ-
 8 ated, and such county clerk or city registrar where applicable shall,
 9 upon the request of any party, on tender of the lawful fees therefor,
 10 record the same in said office.
 11 (a) A county clerk or city registrar shall not register any conveyance
 12 for real property if the clerk or registrar has reason to believe that
 13 the conveyance is false or fraudulent in any manner. If the county
 14 clerk or city registrar has reason to believe or suspect that the
 15 conveyance is fraudulent, the office of the clerk or registrar shall
 16 report the transaction to the office of the attorney general and to
 17 local law enforcement, or, if in the city of New York, the office of the
 18 sheriff.
 19 (b) The office of the clerk or city registrar shall notify the buyer
 20 and seller of property of any investigation and provide the opportunity
 21 for each party to participate in the investigation.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01561-05-5

 A. 3218--A 2

 1 2. Every such conveyance not so recorded is void as against any person
 2 who subsequently purchases or acquires by exchange or contracts to
 3 purchase or acquire by exchange, the same real property or any portion
 4 thereof, or acquires by assignment the rent to accrue therefrom as
 5 provided in section two hundred ninety-four-a of this article, in good
 6 faith and for a valuable consideration, from the same vendor or assig-
 7 nor, [his] such person's distributees or devisees, and whose conveyance,
 8 contract or assignment is first duly recorded, and is void as against
 9 the lien upon the same real property or any portion thereof arising from
 10 payments made upon the execution of or pursuant to the terms of a
 11 contract with the same vendor, [his] such person's distributees or devi-
 12 sees, if such contract is made in good faith and is first duly recorded.
 13 3. Notwithstanding the foregoing, any increase in the principal
 14 balance of a mortgage lien by virtue of the addition thereto of unpaid
 15 interest in accordance with the terms of the mortgage shall retain the
 16 priority of the original mortgage lien as so increased provided that any
 17 such mortgage instrument sets forth its terms of repayment.
 18 4. The clerk of the county or city registrar where such