SCPA § 1913

Conclusiveness of mortgage, lease, conveyance or release executed pursuant to order The mortgage, lease, conveyance or release made pursu...  ·  as in force on May 31, 2026

§ 1913. Conclusiveness of mortgage, lease, conveyance or release

executed pursuant to order

The mortgage, lease, conveyance or release made pursuant to an order granted as provided in this article shall bind the remainders and reversions as well as the immediate or future or trust interests in the real property and shall be valid and effectual against all persons under disability, absentees, internees and persons not in being having estates or interests vested or contingent for life or in trust or in reversion or remainder in said real property or in the proceeds of the sale thereof and against all other persons so interested or having such estates or interests who shall by acknowledged instrument consent to such order or who have been made parties to such proceedings or who are not entitled to notice thereof as provided in this article.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1913

In plain English

A mortgage, lease, conveyance or release made under an order under this article binds remainders, reversions, and immediate, future and trust interests in the real property. ★ It is valid against persons under disability, absentees, internees and persons not in being holding vested or contingent life, trust, reversion or remainder interests in the property or its sale proceeds, and against all other interested persons who consented to the order by acknowledged instrument, were made parties, or were not entitled to notice under this article.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.