Statute · New York Real Property Law
N.Y. Real Prop. Law § 320 — Certain deeds deemed mortgages
N.Y. Real Prop. Law § 320
- Type
- Statute
- Source
- New York Real Property Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 320. Certain deeds deemed mortgages. A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute conveyance in terms, must be considered a mortgage; and the person for whose benefit such…
Citator
N.Y. Real Prop. Law § 320 — Certain deeds deemed mortgages is in force in the current edition of the Code, and nothing recorded condemns it.
§ 320. Certain deeds deemed mortgages. A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute conveyance in terms, must be considered a mortgage; and the person for whose benefit such deed is made, derives no advantage from the recording thereof, unless every writing, operating as a defeasance of the same, or explanatory of its being desired to have the effect only of a mortgage, or conditional deed, is also recorded therewith, and at the same time.