Deeds / Mortgages

Documents presented for filing or recording must be legible and of imaging quality.  A stamped, self-addressed envelope is required for return of documents. Documents acknowledged in New York State conveying an interest in real property located in the state, including documents recorded by a corporation must conform with Real Property Law  §309-a. See last paragraph of this section for the required New York acknowledgement for real property recordings.

Effective March 11, 2020, there will be an additional $10.00 fee added to all residential deed recordings.  On January 11, 2020, Governor Cuomo signed into law an amendment to Real Property Law Section 291 requiring County Clerk’s to notify new owner(s) of record of residential real property when a document is recorded affecting said residential property.  The law allows a reasonable fee to be assessed for said notices.

The NYS Association of County Clerks, in order to provide uniformity throughout NYS, has determined that $10.00 is a reasonable fee per document.  In Yates County, this fee will apply to all residential deed documents recorded on or after March 11, 2020.  This fee does not apply to commercial transactions.   .  

Deeds - Requirement for Filing

  • Original Document, Properly Acknowledged: $5.00 Per Page Plus $40.00 Recording Fee
  • Cover Page (Counts as First Page): $5.00
  • TP 584 Transfer Tax Affidavit: $5.00
  • RP 5217 Equalization and Assessment 
    • Agricultural or Residential: $125.00
    • All others: $250.00
  • Transfer Tax: $4.00 Per Thousand
  • Residential Deed Notice: $10.00 per deed (effective March 11, 2020)

Helpful Documents

Mortgages - Requirement for Filing

  • Original document, properly acknowledged: $5.00 per page + $40.00 recording fee 
  • Cover page counts as first page: $5
  • Mortgage tax: (effective 11/1/05) 1%

$1.00 for each $100.00 secured by the mortgage includes:

  • Basic tax: 0.50%
  • Special additional tax: 0.25% (unless 255 affidavit filed for exemption)
  • Local tax: 0.25% (No exemption unless mortgage is totally exempt from tax)

Consolidation, Modification, Extension Agreements

Recording requirements same as above, Mortgage Tax due on new money only.

Discharge of Mortgage

Discharge of mortgage must include the following:

  • Date of original Mortgage
  • Name of Mortgagor
  • Name of Mortgagee
  • Original Mortgage Amount
  • Book and Page of Original Mortgage

To Record

  • Original document, properly acknowledged: $5.00 per page + $40.00 recording fee
  • Cover page (counts as first page): $5.00
  • Cross reference for first cited mortgage: $.50
  • Discharges of consolidated mortgages constituting a single lien may be discharged on single document Section 321-3 Real Property Law. The cost the same as if discharged on separate documents.
  • If mortgage has not been assigned, discharge must state: "This mortgage has not been assigned."
  • If mortgage has been assigned or consolidated, the history of each and every assignment must be listed and include the date, liber and page of each assignment.

Assignment of Mortgages

Must state to whom the mortgage has been assigned. (Assignments do not require the history of any previous assignments.)

Fees

  • Original document, properly acknowledged: $5.00 per page + $40.00 recording fee
  • Cover page (counts as first page): $5.00
  • Cross reference for first cited mortgage: $.50
  • Every additional assignment: $3.50