Section 1932. Discharge of record of ancient mortgage where time of maturity is dependent on contingent event related to use of premises  


Latest version.
  • 1. The lien
      of  every  mortgage  or conveyance of real estate in this state given as
      security for the payment of money, recorded more than seventy-five years
      ago, where the time of maturity thereof is  dependent  solely  upon  the
      occurrence  of  a  contingent  event  relating  to  use of the mortgaged
      premises for religious purposes, and where the reason for  such  use  no
      longer  applies to the mortgaged premises because of changes in the type
      of neighborhood in which the premises are situated, may be discharged of
      record by judgment  of  the  supreme  court  in  the  county  where  the
      mortgaged  premises are situated, or of the county court of such county,
      in the manner provided in this section.
        2. The court, upon  presentation  of  a  petition,  together  with  an
      official search of the recording officer in whose office the mortgage is
      recorded  or a search prepared by a person duly licensed and admitted to
      practice law in this state or by a title company duly  incorporated  and
      authorized  to  transact business in this state showing such recordation
      and assignments of record, if any, the petition showing such  contingent
      event  relating  to  the  use  of  the  mortgaged premises for religious
      purposes and that the reason for such  use  no  longer  applies  to  the
      mortgaged  premises  because  of  changes in the type of neighborhood in
      which  the  mortgaged  premises  are  situated,  and  showing  that  the
      petitioner  has  made reasonable effort to locate the mortgagee or other
      person or persons authorized to execute and deliver  a  satisfaction  of
      such  mortgage  or  conveyance  but  has  been unable to do so after the
      exercise of reasonable diligence, shall  make  an  order  requiring  all
      persons  interested  to show cause at a certain time and place, why such
      mortgage should not be discharged of record. Such order  to  show  cause
      and   the   publication  and  service  thereof  shall  comply  with  the
      requirements of section 1931 of this chapter, and the proceedings on the
      return of such order to show cause shall comply with the requirements of
      section 1931 of this chapter except as to the allegation of payment  and
      evidence to rebut the presumption thereof.
        3.  Any  judgment  of  the  court  thereon discharging the mortgage of
      record shall be made only upon proof of such contingent  event  relating
      to  use  of  the  mortgaged  premises for religious purposes, and of the
      changes in the type of neighborhood in which the mortgaged premises  are
      situated,  showing that the reason for such use no longer applies to the
      mortgaged premises, and upon proof of the other matters alleged  in  the
      petition;  and  any such judgment shall be made without prejudice to the
      right, if any, of the mortgagee, his representatives or assigns or other
      person or persons to receive or collect the mortgage debt in any  action
      or proceeding not affecting such mortgaged premises.