New york state deed

A New York State deed is a legal document that transfers ownership of real property from one person or entity to another. Here are the general requirements and steps to follow when preparing and recording a deed in New York State:

Types of Deeds:

  1. Warranty Deed: This type of deed guarantees that the grantor (seller) has the right to convey the property and that it is free from any liens or encumbrances.
  2. Special Warranty Deed: This type of deed only guarantees that the grantor has not encumbered the property during their ownership.
  3. Quitclaim Deed: This type of deed transfers any interest the grantor may have in the property, but does not guarantee that the property is free from liens or encumbrances.

Requirements:

  1. Grantor's Signature: The grantor (seller) must sign the deed in the presence of a notary public.
  2. Grantee's Signature: The grantee (buyer) must also sign the deed, but this is not required to be notarized.
  3. Description of Property: The deed must include a clear and concise description of the property being transferred, including the property's location, dimensions, and any easements or restrictions.
  4. Consideration: The deed must state the amount of consideration (purchase price) paid for the property.
  5. Notary Public: The deed must be notarized by a notary public.

Recording Requirements:

  1. Recording: The deed must be recorded with the county clerk's office in the county where the property is located.
  2. Filing Fee: A filing fee is required to record the deed, which varies by county.
  3. Indexing: The deed will be indexed in the county clerk's office to ensure that it can be easily located in the future.

Additional Requirements:

  1. Tax Clearance: The grantor must obtain a tax clearance certificate from the New York State Department of Taxation and Finance to ensure that all taxes are paid.
  2. Mortgage Release: If there is a mortgage on the property, the grantor must obtain a release from the mortgagee (lender) before recording the deed.
  3. Survey: If the property is being transferred as part of a larger parcel, a survey may be required to determine the boundaries of the property.

Filing Fees:

The filing fee for recording a deed in New York State varies by county. On average, the fee ranges from $50 to $200.

Where to File:

The deed must be recorded with the county clerk's office in the county where the property is located. You can find the contact information for the county clerk's office in the county where the property is located by visiting the New York State Department of State's website.

Additional Resources:

It is recommended that you consult with an attorney or a title insurance company to ensure that your deed is prepared and recorded correctly.