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A mortgage held of record by an institutional lender in the face amount of $50,000 or less which contains no stated maturity date, which has been recorded for more than 30 years, and which is not recited in the chain of title for 12 years or more, may be disregarded upon an affidavit there has been no payment or demand
An Affidavit of Title is a legal document that is issued by the purchaser of a piece of property specifying the status of potential legal issues involving the property or the seller. The affidavit is a signed statement of facts stating a propertys seller holds the title to it.
An ancient mortgage is one that, due to the lapse in time, is presumed satisfied. Despite no mention in the statute, it is well-settled New York common law that the required lapse in time for a mortgage to be considered ancient is 20 years past its due date.
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