§ 1921-a. Partial release from lien of mortgaged premises. 1. Whenever\nthe owner of mortgaged property situate in this state shall be entitled,\npursuant to the terms of the mortgage encumbering such property, to\nobtain the release of a portion thereof from the lien of such mortgage,\nthen, upon (1) delivery by such owner to the mortgagee of a partial\nrelease from lien of mortgaged premises, in a form entitled to be\nrecorded, describing the portion of the mortgaged premises so entitled\nto be released, together with the fees allowed by law for the taking of\nthe acknowledgment of a deed, (2) proof that all requirements set forth\nin such mortgage as conditions precedent to the execution and delivery\nby the mortgagee of such partial release have been satisfied, and (3)\npayment, or tender of payment, to the mortgagee of all sums required\nunder the terms of the mortgage to be paid to obtain such partial\nrelease, such mortgagee must execute and acknowledge before a proper\nofficer, in like manner as to entitle a conveyance to be recorded, the\npartial release theretofore delivered to such mortgagee or such other\npartial release from lien of mortgaged premises as may be required to be\nexecuted under the terms of the mortgage, which release shall be in\nrecordable form.\n 2. Upon the failure or refusal of any such mortgagee to comply with\nthe foregoing provisions of this section, any owner of the mortgaged\npremises may apply to the supreme court or a justice thereof, or to the\ncounty court or a judge thereof, in or of any county in which the\nmortgaged premises or any part thereof are situated in whole or in part,\nupon a petition, for an order to show cause why an order should not be\nmade by such court releasing of record from the lien of said mortgage\nthe parcel or parcels of land described in said release, and directing\nthe register or clerk of any county in whose office the same may have\nbeen recorded to mark the same upon his records as released as to the\nparcel or parcels described in such order, and further ordering and\ndirecting that the debt or other obligation secured by the mortgage be\nreduced in the amount tendered or paid, upon condition that in the event\nsuch mortgage or part thereof is not paid, the sums tendered pursuant to\nthe foregoing provisions of this section be paid to the officer\nspecified by law to hold court funds and moneys deposited in court in\nthe county wherein the mortgaged premises are situated in whole or in\npart for the purpose of paying said sum over to the mortgagee. Said\npetition must be verified in like manner as a verified pleading in an\naction in the supreme court and it must set forth the grounds of the\napplication.\n 3. In any case where an actual tender, as provided in subdivision one\nof this section, cannot, with due diligence, be made, any owner of the\nmortgaged premises may apply to the supreme court or a justice thereof,\nor to the county court or a judge thereof, in or of any county in which\nthe mortgaged premises, or any part thereof are situated in whole or in\npart, upon petition setting forth the grounds of the application and\nverified as aforesaid, for an order to show cause why an order should\nnot be made by said court releasing of record the parcel or parcels\ndescribed in said release from the lien of the mortgage, and directing\nthe register or clerk of every county in which the mortgaged premises\nare located to mark the same upon his records as released as to the\nparcel or parcels described in such order and further ordering and\ndirecting that the debt or other obligation secured by the mortgage be\nreduced, upon condition that the prerequisites for obtaining such\nrelease set forth in subdivision one of this section and the sum of the\nmortgage required to be paid pursuant to the terms and conditions of\nsaid mortgage and fees allowed by law or the mortgage, be paid to the\nofficer specified by law to hold court funds and moneys deposited
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