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The Green Bag

name has been forged to a deed, or that some other fraud has been perpetrated, whereby he has been deprived of his property, has his remedy under the Torrens Law, which provides in Section 392 thereof as follows: 392. FRAUD; ACTION to Sn Asms ‘ms JUDGMENT 0R 1'0 Rscovsa ‘ms PROPERTY. Any title registration procured by or as the result of fraud may be set aside, in

the same manner and by the same pro

ceedings as in the case of a deed obtained by fraud, provided that such proceedings for setting aside the registration shall not injuriously affect the rights of an innocent purchaser or encumbrancer of the property after such regis

has expired after the registration is entered.

judgment

of

As it takes generally from six weeks to two months to complete the registration proceedings, this means that any person feeling aggrieved would have upwards

of eight months within which to protect his interests or to obtain redress. If any owner of a lien on real estate is so

ignorant that he does not know of the existence of the Torrens Law, or is so stupid as to neglect to ﬁle a “Caution." as provided by Section 383 of the Act,

‘

or is so unintelligent as to fail to read

the newspapers, or is so indifferent as

tration, for value and without actual notice of

the fraud, and provided further that the action or other proceedings to set aside such registration be commenced within ten years from the time when the ﬁnal judgment of registration was entered. No action shall lie or be commenced. except on the ground of fraud as above stated, to set aside any judgment of registration or to modify or affect the same or for the recovery of registered property or any estate, right or interest in or lien upon the same or any part thereof, or to make any entry thereon, adversely to the title or interest registered therein, as directed by a

to fail to record his deed or other instru ment, setting forth his interest in the land, then he deserves to lose that in terest. But let him not blame the Torrens Law, which contains every provision necessary to protect the rights

of the property owners. The law in this state has been amended already by chapter 627 of the Laws of 1910. and further amendments are not needed but would create confusion

and

tend to

ﬁnal judgment of the Court, unless such action

or proceedings is commenced within six months after such judgment of registration is entered.

It thus appears that it is untrue to

dissipate the beneﬁts and advantages which we now enjoy under the Torrens

System of Land Title Registration.

assert that under any conceivable cir cumstances, “the title has passed out of the real owner without any recourse what ever to any fund or against anybody."

However, all this discussion so far as the Torrens Law in New York State demic, is concerned, as the brief has become in opposition purelyto acathe

It is very easy to say that such a result

amendment of the law which I ﬁled with the Judiciary Committee of the Legislature has done its fatal work, and the Bill containing proposed amend ments is now dead and buried.

“can actually practically happen," but

why does not the gentleman point out one single instance where such a thing has happened after registration of a Torrens title? Furthermore, the section above quoted

provides that an action or other proceed ing to set aside such registration on the ground of fraud, must be commenced within ten years from the time when the

ﬁnal judgment of registration was entered, and in any event the judgment does not become ﬁnal until six months

GILBERT RAY HAWES. New York, July 5, 1911.

[Having already expressed our views, in commenting upon Mr. Hawes' letters in the May and July issues, and having given him this opportunity to have the last word, we must request that this

discussion now be terminated. — En]

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