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General Obligations Law § 5-705 · Title 7. Requirements of Writing, Execution or Acknowledgment For Effectiveness or Enforceability

Execution and acknowledgment of assumption of mortgage debt by grantee of mortgaged real property

Verbatim from the official edition

Text — Law content up to date as of July 24, 2026, as published by the New York State Senate (Open Legislation)

§ 5-705. Execution and acknowledgment of assumption of mortgage debt by grantee of mortgaged real property. No grantee of real property shall be liable upon any indebtedness secured by a mortgage thereon executed prior to the time of the conveyance of the real property to the grantee, nor shall he be liable for any deficiency that may remain upon the foreclosure and sale of real property covered by such a mortgage, after application of the proceeds of sale, unless such grantee shall simultaneously with the conveyance to him of such real property execute and acknowledge, before an officer authorized to take acknowledgments of deeds, a statement in writing stating in substance that such grantee assumes and agrees to pay such mortgage debt and giving the specific amount of the debt assumed. The execution and acknowledgment by a grantee of the deed of conveyance to him containing such written statement shall be sufficient compliance with the provisions of this section. This section shall not apply, however, where, subsequent to the conveyance and upon an extension or modification of the indebtedness secured by the mortgage, the grantee shall execute and acknowledge, before an officer authorized to take acknowledgments of deeds, a statement in writing stating that such grantee assumes and agrees to pay such mortgage debt, and giving the specific amount of the debt assumed.

Source of truth

Edition
Law content up to date as of July 24, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/GOB5-705
Text hash
sha256 3e68aa4a5265208a6482e5b46811f198662398701f8a3c04faa2a8332d7f64f7
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.