facts which a proper inquiry (New York) · Go Syfert
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facts which a proper inquiry in New York

21 New York opinions name it 7 courts 1956–2026 8 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Fairmont Funding, Ltd. v. Stefanskygreen
nyappdiv · 2003 · cited in 14 New York opinions naming this issue, 2007–2026
2 sentences

2026"If the purchaser fails to use due diligence in examining the title, [the purchaser] is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( id. [internal quotation marks omitted]; see Alli v Navins Holdings, Inc. , 242 AD3d 801 , 802; Fairmont Funding v Stefansky , 301 AD2d 562, 564 ).

2025Further, as the LLC correctly contends, the recording of the mortgage did not provide notice for purposes of the relation-back doctrine. "'If [a] purchaser [of real property] fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed'" ( 436 Franklin Realty, LLC v U.S. Bank N.A. , 188 AD3d 960, 962 , quoting Fairmont Funding v Stefansky , 301 AD2d 562, 564 ).

714
Congregation Beth Medrosh of Monsey, Inc. v. Rolling Acres Chestnut Ridge, LLCgreen
nyappdiv · 2012 · cited in 4 New York opinions naming this issue, 2018–2020
2 sentences

2020Accordingly, "'[i]f the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed'" ( Emigrant Bank v Drimmer , 171 AD3d at 1134, quoting Fairmont Funding v Stefansky , 301 AD2d at 564 ; see Congregation Beth Medrosh of Monsey, Inc. v Rolling Acres Chestnut Ridge, LLC , 101 AD3d 797, 799 ).

2020"If the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( Fairmont Funding v Stefansky , 301 AD2d 562, 564 ; see Congregation Beth Medrosh of Monsey, Inc. v Rolling Acres Chestnut Ridge, LLC , 101 AD3d 797, 799 ).

44
TCJS Corp. v. Koffgreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2022–2026
2 sentences

2026"If the purchaser fails to use due diligence in examining the title, [the purchaser] is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( id. [internal quotation marks omitted]; see Alli v Navins Holdings, Inc. , 242 AD3d 801 , 802; Fairmont Funding v Stefansky , 301 AD2d 562, 564 ).

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have "knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (TCJS Corp. v Koff, 74 AD3d 1188, 1189 [2010] [internal quotation marks omitted]; see Irwin v Regal 22 Corp., 175 AD3d 671, 672 [2019]; Berger v Polizzotto, 148 AD2d 651, 651-652 [1989]); Bello v. Ouellette, 211 AD3d 784, 785, 181 N.Y.S.3d 577 (2022).

23
Astoria Federal Savings & Loan Ass'n v. Junegreen
nyappdiv · 1993 · cited in 3 New York opinions naming this issue, 2008–2019
2 sentences

2019Sav. & Loan Assn. v June , 190 AD2d 644, 645 [2d Dept 1993] [same]).

2019Sav. & Loan Assn. v June , 190 AD2d 644, 645 [2d Dept 1993] [same]).

23
Bello v. Ouellettegreen
nyappdiv · 2022 · cited in 2 New York opinions naming this issue, 2025–2025
2 sentences

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" ( Bello v Ouellette , 211 AD3d 784, 785 [2d Dept 2022 [citations and internal quotation marks omitted]).

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" ( Bello v Ouellette , 211 AD3d 784 , 785 [2d Dept 2022 [citations and internal quotation marks omitted]).

22
Irwin v. Regal 22 Corp.green
nyappdiv · 2019 · cited in 2 New York opinions naming this issue, 2022–2025
2 sentences

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have "knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (TCJS Corp. v Koff, 74 AD3d 1188, 1189 [2010] [internal quotation marks omitted]; see Irwin v Regal 22 Corp., 175 AD3d 671, 672 [2019]; Berger v Polizzotto, 148 AD2d 651, 651-652 [1989]); Bello v. Ouellette, 211 AD3d 784, 785, 181 N.Y.S.3d 577 (2022).

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have "knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (TCJS Corp. v Koff, 74 AD3d 1188, 1189 [2010] [internal quotation marks omitted]; see Irwin v Regal 22 Corp., 175 AD3d 671, 672 [2019]; Berger v Polizzotto, 148 AD2d 651, 651-652 [1989]); Bello v. Ouellette, 211 AD3d 784, 785, 181 N.Y.S.3d 577 (2022).

22
Berger v. Polizzottogreen
nyappdiv · 1989 · cited in 2 New York opinions naming this issue, 2022–2025
2 sentences

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have "knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (TCJS Corp. v Koff, 74 AD3d 1188, 1189 [2010] [internal quotation marks omitted]; see Irwin v Regal 22 Corp., 175 AD3d 671, 672 [2019]; Berger v Polizzotto, 148 AD2d 651, 651-652 [1989]); Bello v. Ouellette, 211 AD3d 784, 785, 181 N.Y.S.3d 577 (2022).

2025Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have "knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (TCJS Corp. v Koff, 74 AD3d 1188, 1189 [2010] [internal quotation marks omitted]; see Irwin v Regal 22 Corp., 175 AD3d 671, 672 [2019]; Berger v Polizzotto, 148 AD2d 651, 651-652 [1989]); Bello v. Ouellette, 211 AD3d 784, 785, 181 N.Y.S.3d 577 (2022).

12
Emigrant Bank v. Drimmergreen
nyappdiv · 2019 · cited in 2 New York opinions naming this issue, 2020–2025
2 sentences

2025"If the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( Emigrant Bank v Drimmer , 171 AD3d 1132 , 1134 [internal quotation marks omitted]).

2020Accordingly, "'[i]f the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed'" ( Emigrant Bank v Drimmer , 171 AD3d at 1134, quoting Fairmont Funding v Stefansky , 301 AD2d at 564 ; see Congregation Beth Medrosh of Monsey, Inc. v Rolling Acres Chestnut Ridge, LLC , 101 AD3d 797, 799 ).

12
Country-Wide Insurance v. Zablozkigreen
nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025"Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (id.); Baker v. Beckford, No. 501985 /2019, 2023 WL 3635841, at *2 (NY Sup. Ct. Apr. 25, 2023).A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not (Simonds v Simonds, 45 NY2d 233, 242); Istel v. Istel, 258 AD2d

2025"Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (id.); Baker v. Beckford, No. 501985 /2019, 2023 WL 3635841, at *2 (NY Sup. Ct. Apr. 25, 2023).A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not (Simonds v Simonds, 45 NY2d 233, 242); Istel v. Istel, 258 AD2d

11
Simonds v. Simondsgreen
ny · 1978 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025"Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (id.); Baker v. Beckford, No. 501985 /2019, 2023 WL 3635841, at *2 (NY Sup. Ct. Apr. 25, 2023).A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not (Simonds v Simonds, 45 NY2d 233, 242); Istel v. Istel, 258 AD2d

2025"Therefore, to establish itself as a bona fide purchaser for value, a party has the burden of proving that it purchased the property for valuable consideration and did not have knowledge of facts that would lead a reasonably prudent purchaser to make inquiry" (id.); Baker v. Beckford, No. 501985 /2019, 2023 WL 3635841, at *2 (NY Sup. Ct. Apr. 25, 2023).A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not (Simonds v Simonds, 45 NY2d 233, 242); Istel v. Istel, 258 AD2d

11
Cohalan v. Lechtreckergreen
nyappdiv · 1981 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Fairmont Funding v Stefansky, 301 AD2d 562, 564 [2003] [if a purchaser “fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed”]; Cohalan v Lechtrecker, 84 AD2d 775, 777 [1981] [“recorded declaration manifested to all prospective buyers the restriction which limited the use of the property”], affd 56 NY2d 861 [1982]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
436 Franklin Realty, LLC v. U.S. Bank N.A. green
nyappdiv · 2020
2 sentences

2025Further, as the LLC correctly contends, the recording of the mortgage did not provide notice for purposes of the relation-back doctrine. "'If [a] purchaser [of real property] fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed'" ( 436 Franklin Realty, LLC v U.S. Bank N.A. , 188 AD3d 960, 962 , quoting Fairmont Funding v Stefansky , 301 AD2d 562, 564 ).

2024"The recording of a transaction involving real property provides potential subsequent purchasers ... with notice of previous encumbrances that might affect their interests. [*12]If the [purchaser] fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed." ( Id., internal citations omitted) The Second Department recently considered circumstances similar to those at bar in 436 Franklin Realty, LLC v. U.S. Bank, N.A. , 188 AD3d 960 [2020]) In Franklin Realty , a foreclosure action commenced

22024–2025
Ortiz v. Silver Invs. green
nyappdiv · 2018
1 sentence

2025Moreover, "'[i]f a document purportedly conveying a property interest is void, it conveys nothing, and a subsequent bona fide purchaser or bona fide encumbrancer for value receives nothing'" ( HSBC Bank USA, N.A. v Parker , 180 AD3d 1026 , 1028, quoting Ortiz v Silver Invs. , 165 AD3d 1156 , 1157; see Broder v Pallotta & Assoc.

12025–2025
Yen-Te Hsueh Chen v. Geranium Development Corp. green
nyappdiv · 1997
1 sentence

2024"The recording of a transaction involving real property provides potential subsequent purchasers ... with notice of previous encumbrances that might affect their interests. [*12]If the [purchaser] fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed." ( Id., internal citations omitted) The Second Department recently considered circumstances similar to those at bar in 436 Franklin Realty, LLC v. U.S. Bank, N.A. , 188 AD3d 960 [2020]) In Franklin Realty , a foreclosure action commenced

12024–2024
People ex rel. Unger v. Brann green
nyappdiv · 2020
1 sentence

2022"If the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( id. [internal quotation marks omitted]).

12022–2022
Booth v. Ameriquest Mortgage Co. green
nyappdiv · 2009
1 sentence

2019Co. , 63 AD3d 769, 769 ).

12019–2019
In re Hill neutral
nyappdiv · 2012
1 sentence

2019"If the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed" ( id. at 564 ; see Congregation Beth Medrosh of Monsey, Inc. v Rolling Acres Chestnut Ridge, LLC , 101 AD3d 797, 799 ; Matter of Hill , 95 AD3d 889, 889 ; Booth v Ameriquest Mtge.

12019–2019
Cohalan v. Lechtrecker neutral
ny · 1982
1 sentence

2007Fairmont Funding v Stefansky, 301 AD2d 562, 564 [2003] [if a purchaser “fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed”]; Cohalan v Lechtrecker, 84 AD2d 775, 777 [1981] [“recorded declaration manifested to all prospective buyers the restriction which limited the use of the property”], affd 56 NY2d 861 [1982]).

12007–2007
Cambridge Valley Bank v. . Delano green
ny · 1872
1 sentence

2003Bank v Delano, 48 NY 326 ; Astoria Fed.

12003–2003
People v. . Luhrs green
ny · 1909
1 sentence

2003If the purchaser fails to use due diligence in examining the title, he or she is chargeable, as a matter of law, with notice of the facts which a proper inquiry would have disclosed (see People v Luhrs, 195 NY 377 ; Cambridge Val.

12003–2003
Higgins v. . Crouse green
ny · 1895
1 sentence

1956(Higgins v. Crouse, 147 N. Y. 411 , supra.) On June 17,1944 the defendant bank foreclosed on 330 shares of common stock of the estate which it held as collateral, and on September 11,1945 it foreclosed on 45 additional shares of common stock owned by the estate of Elnora Erbe which had been pledged as collateral to the loan of her husband, Frederick Gr.

11956–1956

Statutes the citing opinions construe

NY § N.Y. Real Property Law § 291 (9) NY § N.Y. Real Property Law § 290 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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