New Brown Memorial Baptist Church was founded in the 1950s as the first Black Protestant Church in Red Hook, Brooklyn. From its founding to today, New Brown has been a pillar in Red Hook, providing a space for spiritual and community engagement and delivering essential services, including free daycare, tutoring, addiction recovery support, music classes, funeral services, and community gatherings.
After initially operating out of its organizing Reverend’s home, New Brown’s operations jumped between several buildings for the first decade of its existence, often facing racial discrimination along the way from landlords who refused to rent to Black tenants. In 1966, New Brown was finally able to buy its permanent home at 609 Clinton Street with the aid of an $8,500.00 loan from the seller. In 1986, New Brown paid off the loan in its entirety, even hosting a party to celebrate the momentous event.
Mortgage satisfaction ambiguity leaves church vulnerable
New Brown never received a satisfaction of mortgage upon its repayment of the loan. Without a satisfaction, New Brown’s title to the property remained encumbered, making the church vulnerable to deed and mortgage fraud, and other abuses by potential bad actors—a persistent concern in Brooklyn where such fraud has been widespread.
Witnessing Red Hook’s rapid development and transformation over the past decade, New Brown became concerned about its lack of clear title and its resulting exposure to improper claims and abuses. New Brown sought counsel and was referred to Nixon Peabody LLP through a friend of the firm.
Nixon Peabody LLP attorneys Richard Shore and Julienne Hoffman strategically utilized New York Real Property Actions and Proceedings Law (RPAPL) § 1931 to resolve New Brown’s decades-old title issue. This rarely invoked statutory remedy allows for the discharge of “ancient” mortgages, which are presumed paid after a lapse of 20 years from the due date, upon a petition alleging certain facts:
- The mortgage is paid;
- The mortgagee has been dead for more than five years;
- The time and place of the mortgagee’s death;
- The mortgagee’s residence at time of death;
- Whether letters of testamentary or administration have been taken out; and
- The names and places of residence of the heirs of the mortgagee.
Under RPAPL § 1931, where the mortgage was recorded more than fifty years ago the petitioner faces a reduced burden of proof—if the petitioner is unable to determine the required facts with reasonable diligence, it can do so to the best of its knowledge and information.
While the 1966 recording of New Brown’s mortgage qualified the church for a reduced burden of proof, the NP team sought additional evidence to present the court with an indisputable basis for discharging the mortgage.
Detailed affidavits and old public records provide necessary evidence
On behalf of New Brown, the Nixon Peabody team filed a verified petition under RPAPL § 1931 in Kings County Supreme Court, including detailed supporting affidavits from New Brown’s founding members attesting that the mortgage was paid in 1986 and evidence of the mortgagee’s death and heirs, which required a deep dive into public records. The team was able to track down a 1981 obituary from a local Cape Cod newspaper, a death certificate from the Chatham Town Clerk, and the residences of the mortgagee’s heirs as supporting evidence.
Title clearance anchors a community pillar
The court granted the petition and issued an order discharging the mortgage. The order was recently recorded, officially clearing New Brown’s title. This resolution provides New Brown with legal and financial security, enabling it to fully leverage its property rights, access financial resources, and, most importantly, protect against potential fraud and improper claims by bad actors.
The Nixon Peabody team was thrilled to leverage this little-used statutory remedy to help ensure the continued stability and legacy of New Brown Memorial Baptist Church.
