What is a quiet title action in New York, and when do property owners need one?

This page explains New York law. The statute calls it an action "to compel the determination of any claim adverse" to the plaintiff, and lawyers call it quiet title. It matters most when a recorded document says something about a property that is no longer true, or was never true, and a buyer, lender or title insurer will not move until it is resolved. Quiet title actions are among the matters listed on KOR Law LLP's foreclosure and real estate litigation page.

Who can bring a quiet title action, and against whom?

Under RPAPL 1501(1), a person who claims an estate or interest in real property, or an executor or administrator claiming one for a deceased person, may sue any other person, known or unknown, to compel the determination of a claim adverse to the plaintiff. A municipality that bought property at its own tax sale may also sue once the time to redeem has expired. The adverse claim can be one the defendant actually makes, or one that appears from the public records or the complaint that the defendant might make. Two details widen the action:

• The case may be brought even if the defendant's claim looks invalid on its face, and even if the court has to decide questions such as whether a person has died or whether a statutory time limit has run (RPAPL 1501(2)).
• A mortgagee or contract vendee, or a successor of either, holds an "interest in real property" for purposes of the article (RPAPL 1501(5)).

A tenant for a term of years can sue only if at least five years of the term remain (RPAPL 1501(1)). On the other side, the person in possession of the property must be made a party, and so must anyone under whom that person claims the right to possession (RPAPL 1511(1)). The court may also add anyone whose interest the judgment might affect, on its own motion or on request (RPAPL 1511(2)).

When do owners typically need one?

The deed theft rule has limits worth knowing. The presumption also applies when the person who received the fraudulent deed is an entity beneficially owned by the convicted person, and the defendant may still try to prove by a preponderance of the evidence that the deed was not procured through fraud (RPAPL 1501(6)). Separately, a district attorney or the Attorney General may file a notice of pendency against the property after finding probable cause that a crime affecting title occurred; that notice lasts six months and may be renewed twice (CPLR 6501(b)).

Not every cloud calls for this action. A paid-off mortgage that was never discharged has its own statute, and a money judgment docketed against an owner follows the judgment's own rules; for that one, see selling or refinancing a New York property with a judgment lien on it.

How does a quiet title action clear an expired mortgage?

RPAPL 1501(4) says that when the period to bring a foreclosure has expired, any person with an estate or interest in the property may sue to cancel and discharge the mortgage of record and to have the property adjudged free of it. Under the same subdivision it does not matter whether the underlying debt was paid. The one exception is when the lender or its successor is in possession of the property when the case is filed. A mortgage that was actually paid off but never discharged has faster routes of its own, explained in what to do when a paid-off mortgage was never marked satisfied.

The foreclosure period is generally six years under CPLR 213(4), and when it starts depends on whether and when the loan was accelerated. In these cancellation suits, CPLR 213(4)(b) bars the lender from arguing that its loan was never validly accelerated by an earlier foreclosure, unless the earlier case was dismissed on an express court ruling, made on a timely defense, that the acceleration was invalid. Van Dyke v U.S. Bank (Court of Appeals, November 25, 2025) was this kind of case: a Bronx owner sued to cancel her mortgage after a foreclosure filed in 2009 had stayed pending for more than a dozen years, and the court applied those rules. The details, including how discontinuances and refilings affect the clock, are in how long a lender has to foreclose in New York, and what the Foreclosure Abuse Prevention Act changed.

How does the case proceed?

An action affecting title to real property is tried in the county where the property, or any part of it, is located (CPLR 507). The main steps:

1. The complaint. It must say the action is brought under RPAPL article 15 and set out the plaintiff's interest and where it came from, the defendant's actual or possible adverse claim, and whether any defendant is unknown or under a disability (RPAPL 1515(1)). It must describe the property clearly enough that possession could be delivered (RPAPL 1515(2)).
2. The notice of pendency. The plaintiff may file one with the clerk of any county where the property is located, together with the complaint if it has not already been filed there (CPLR 6511(a)). Where the clerk keeps a block index, the notice must list each affected block number (CPLR 6511(b)); the Kings County Clerk files notices of pendency by block and lot. From filing, it is constructive notice to later purchasers and lenders, and anyone who records a deed or mortgage afterward is bound by the case as if a party (CPLR 6501(a)).
3. Service within 30 days. The notice of pendency works only if the summons is served on the defendant within 30 days after filing, or publication of the summons under a court order starts within that time and is later completed (CPLR 6512).
4. Keeping the notice alive. It lasts three years from filing; the court may extend it for good cause on a motion made before it expires (CPLR 6513).
5. The judgment. It settles the competing claims and may direct that an instrument be cancelled or reformed of record (RPAPL 1521(1)).

The statute allows the action against any person, known or unknown, so the defendants can include every person or entity whose claim appears in the record, including assignees of a mortgage. A standing problem in an earlier foreclosure can show up again here, as a question of who actually holds the mortgage today; see whether a New York foreclosure can be dismissed because the lender lacked standing.

Where can you see what is recorded against your property?

For Manhattan, Brooklyn, Queens and the Bronx, the New York City Department of Finance's ACRIS system lets anyone search property records and view document images from 1966 to the present, find a property's borough-block-lot number, and access deeds and other recorded documents. Staten Island is not on that list. A title report is still the better starting point for a sale or refinance, but ACRIS can show quickly whether a mortgage, assignment or satisfaction was recorded. In Brooklyn, notices of pendency are filed and copied at the Kings County Clerk's Office, 360 Adams Street, window 11 in room 189. Our Brooklyn (Kings County) foreclosure and judgment defense page collects the borough's local steps. Our page on what to expect at Kings County Supreme Court covers the courthouse itself. If a foreclosure sale has already happened, liens that appear in the record also affect who can claim any surplus; see who gets the surplus money after a New York foreclosure sale.

What changes the answer for your title problem?

• Whether the debt was paid. For a paid mortgage, the discharge statute gives faster routes, with a 30-day duty on the lender and a court petition when it fails to act (RPAPL 1921(1), (2)). RPAPL 1501(4) turns instead on whether the time to foreclose has run, whether or not the debt was paid.
• Who is in possession. A 1501(4) action cannot be brought if the lender or its successor is in possession when the case is filed, and whoever is in possession must be a party (RPAPL 1501(4), 1511(1)).
• How an earlier foreclosure ended. Unless it was dismissed on an express ruling that the loan was not validly accelerated, the lender cannot argue it was never accelerated (CPLR 213(4)(b)).
• A criminal conviction. A deed theft conviction creates a presumption of fraud, but one the defendant may rebut (RPAPL 1501(6)).
• The kind of interest you hold. An owner, a mortgagee or a contract vendee may sue; a tenant needs at least five years left on the term (RPAPL 1501(1), (5)).
• Prompt service. A notice of pendency protects the case only if the summons is served within 30 days of filing (CPLR 6512).

For example: a 2007 mortgage that blocks a refinance

Common mistakes in New York quiet title cases

• Overlooking the faster route for a paid mortgage. A paid-off mortgage has its own statute, RPAPL 1921, with the lender's duty to record a satisfaction, an attorney affidavit route for some homes and a court petition.
• Serving late. A notice of pendency is effective only if the summons is served within 30 days after filing (CPLR 6512), and late service is a ground for mandatory cancellation (CPLR 6514(a)).
• Letting the notice lapse. The extension must be granted, and the order filed, before the three years run out (CPLR 6513).
• Leaving out a necessary party. The person in possession, and anyone under whom that person claims, must be made a party (RPAPL 1511(1)).
• Assuming an old foreclosure filing settles the timeline. How the earlier case ended matters under CPLR 213(4)(b), so get the full court file, not just the index number.

What to do this week

1. Search ACRIS for a property in Manhattan, Brooklyn, Queens or the Bronx, and print every mortgage, assignment and satisfaction recorded against it.
2. Ask your title company for the exceptions it will not insure over, in writing.
3. Gather payoff letters, cancelled checks and any old foreclosure papers, including how each earlier case ended.
4. Write down who lives in or occupies the property and on what basis.
5. If an old foreclosure is involved, read how a New York foreclosure case runs from summons to sale to place where it stopped.
6. Add the items on our foreclosure defense consultation checklist that apply, and meet with a lawyer before a closing date is set.

Frequently asked questions

What if I cannot find who holds the old mortgage?

RPAPL 1501(1) and (4) allow the action against persons "known or unknown," and the complaint must say whether any defendant is unknown (RPAPL 1515(1)(c)). If the problem is a mortgage you want to pay off but cannot tender payment on in New York with due diligence, RPAPL 1921(3) lets a person with an interest petition the court, which can cancel the debt once the balance is paid into court.

Does a notice of pendency stop me from selling?

The notice does not by itself forbid a sale. It warns the world that the case is pending, and a buyer or lender who records after it is filed is bound by the outcome as if a party (CPLR 6501(a)), which is why a buyer or lender may wait for the case to end.

Can an old foreclosure notice of pendency still cloud my title?

A notice of pendency lasts three years unless extended before it expires (CPLR 6513). The court must cancel one on request if the case was settled, discontinued or abated, or if the plaintiff lost and the time to appeal has run (CPLR 6514(a)). Before judgment, it can also be cancelled without a court order by stipulation or, where no defendant has appeared, on the plaintiff's attorney's affidavit (CPLR 6514(d), (e)).

What does the judgment actually do?

It declares which claims are valid and bars a losing party, and anyone claiming under that party, from asserting the invalid claim (RPAPL 1521(1)). It may direct that the instrument be delivered up, cancelled or reformed of record, and it can also award possession with damages for withholding it.

Can the party that filed a notice of pendency be made to pay for it?

In an order cancelling a notice of pendency, the court may direct the plaintiff to pay the costs and expenses caused by the filing and cancellation (CPLR 6514(c)). The court may also cancel a notice if the plaintiff did not bring or pursue the case in good faith (CPLR 6514(b)).