§ 43-02 Notice of Recording.
(a) Registration to receive notice. An owner, (or owner's agent/attorney or designee of owner), lienor (or lienor's agent/attorney) or executor/administrator (or the agent/attorney of the executor/administrator) of the estate of the owner or lienor of real property located in the City of New York may register with the Department of Finance, in a format determined by the Commissioner of Finance, to receive notice from the Department that a deed-related or mortgage-related document, as described in subdivision (e) of this section, has been recorded against such property in the Office of the City Register or, in the county of Richmond, in the Office of the County Clerk.
(b) Notice by Department of Finance. The Department of Finance, to the extent practicable, will send notice to the registrant, in the event that one or more of the documents described in subdivision (e) of this section has been recorded against such property in the Office of the City Register or, in the county of Richmond, in the Office of the County Clerk. In the discretion of the Department of Finance, such notice may be sent by electronic means unless the registrant specifically requests otherwise.
(c) Nothing in this section shall be construed to create an enforceable right in any individual to receive the notice described in subdivision (b) of this section. The failure of the Department of Finance to provide the notice described in this section, or the failure of a property owner to receive such a notice,
(1) shall not result in any liability of the City of New York, including the Department of Finance, or the Office of the Richmond County Clerk;
(2) shall not prevent the levy, collection and enforcement of taxes on the affected property;
(3) shall not invalidate any proceedings or filings with respect to the affected property; and
(4) shall not prevent the City of New York, including the Department of Finance, or the Office of the Richmond County Clerk from taking any actions under or enforcing any provision of law or rule.
(d) Notwithstanding any other provision of this section, the Department of Finance shall have the discretion to send the notice described in subdivision (a) of this section to individuals or entities that have not filed registrations under subdivision (a) of this section.
(e) (1) Deed-related documents. For purposes of this section, a deed-related document shall include any document determined by the City Register to be deed-related, and includes, but is not limited to:
(i) Air rights
(ii) Condemnation proceeding documents;
(iii) Condo declaration;
(iv) Confirmatory deed;
(v) Contract of sale;
(vi) Correction deed;
(vii) Court order;
(viii) Deed;
(ix) In rem deed;
(x) Judgment;
(xi) Life estate deed;
(xii) Memorandum of contract;
(xiii) Power of attorney;
(xiv) Real estate investment trust deed;
(xv) Revocation of power of attorney;
(xvi) Sundry agreement; and
(xvii) Unit assignment.
(2) Mortgage-related documents. For purposes of this section, a mortgage-related document shall include any document determined by the City Register to be mortgage-related, and includes, but is not limited to:
(i) Collateral mortgage;
(ii) Mortgage;
(iii) Mortgage and consolidation;
(iv) Mortgage spreader agreement;
(v) Satisfaction of mortgage;
(vi) Subordination of mortgage;
(vii) Sundry mortgage; and
(viii) UCC-1 (financing statement).
(f) Inclusion of information from the Office of the Richmond County Clerk in the notices to be provided pursuant to this section is conditioned upon the continued participation of such office in the program established in accordance with this section.
