Section 1412. Conveyance

1.  The person authorized to conduct the sale
  pursuant to subdivision one of section fourteen hundred  eight  of  this
  article shall, at the closing of title held in accordance with the terms
  of  sale,  execute  and deliver a deed to the purchaser in the following
  form:
                             POWER OF SALE DEED
  THIS DEED, made as of the _______ day  of  ___________,  _____,  between
  ______________,  in  the capacity of auctioneer/sheriff/marshal/referee,
  having an office at _________, ______________, New York ("Grantor")  and
  ______________,     a     ____________     having    an    address    at
  ____________________, ______________, _____________ ("Grantee"),
 
                                 WITNESSETH:
  That  __________________("Mortgagee"),  the  owner  and  holder  of  the
  mortgage described in Exhibit A attached hereto encumbering the property
  described  hereinbelow  (the  "Property"),  and  the note, bond or other
  obligation secured thereby, has foreclosed the  lien  of  said  mortgage
  pursuant   to   article  fourteen  of  the  real  property  actions  and
  proceedings law of the state of New York;
  That Grantor has been designated by Mortgagee or by  the  court  in  the
  county  in  which  the  sale  has taken place to conduct the sale of the
  Property;
  That the sale was duly  held  on  _______________  ___,  ____,  and  the
  memorandum  of  sale  attached  hereto  as Exhibit B was executed at the
  conclusion of the sale;
  And that pursuant thereto and  in  consideration  of  ___________Dollars
  ($_____________) paid by Grantee, being the highest sum bid at the sale,
  Grantor does hereby grant and convey to Grantee:
                     (Land Description of the Property)
  TOGETHER  with  all right, title and interest, if any, of the Grantor in
  and to any streets and roads abutting the  above-described  premises  to
  the  center  lines  thereof; TOGETHER with the appurtenances and all the
  estate and rights of the grantor in and to said premises; to have and to
  hold the premises herein granted to the grantee, the heirs or successors
  and assigns of the Grantee forever.
  IN WITNESS WHEREOF, Grantor has hereunto set the Grantor's hand and seal
  the date first above written.
                                                    ________________
  (ACKNOWLEDGEMENT)
    2. Before the deed is executed and delivered  to  the  purchaser,  the
  mortgagee  shall  file the mortgage and any assignment not shown to have
  been lost or destroyed in the office of the clerk, unless  it  is  in  a
  form  which  can  be recorded; in which case it shall be recorded in the
  county or counties  where  the  mortgaged  property  or  properties  are
  situated;  the expense of filing or recording and entry shall be allowed
  in the costs to be recovered by the mortgagee pursuant to this  article;
  and,  if filed with the clerk, he shall enter in the minutes the time of
  filing.
    3. The purchaser of the mortgaged property, upon a sale  conducted  as
  prescribed  in this article, thereupon obtains marketable title thereto,
  in the same manner  as  a  purchaser  in  a  judicial  foreclosure  sale
  pursuant  to  article thirteen of this chapter against all persons bound
  by the sale.
    * NB Repealed July 1, 2009