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Information By State
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New York - Information by State
Calculators Fees Forms
Local Resources Customs and Practices Contacts
 
Calculators
  • Mortgage Calculator
  • 1031 Exchange Calculator
  • Title Fees Calculator
  • Mortgage Tax Calculator
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    Fees
    In addition to the cost of your title insurance, part of the cost of your real estate transaction is the cost to record and file documents. The information below shows the current costs of these fees in New York
    Documentary or transfer fees / taxes
  •  The New York State Real Estate Transfer Tax (RETT) is $2.00 for each five hundred dollars or fraction of consideration. In addition, there are local transfer taxes in New York City, City of Yonkers, City of Mount Vernon and Erie and Nassau Counties, as well as in several towns in eastern Suffolk County (The Peconic Region). view chart
  • Mortgage Taxes
  • Rates range from 0.75% to 2.8% based on county and type of transaction.  view chart
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    Local Resources
  • Counties & Municipalities
  • New York State Land Title Association
  • Office of Real Property Services
  • Department of State
  • NYC Home Page
  • State Home Page
  • Acris
  • Look up your tax status, pay property taxes
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    Customs & Practices
    Item Customary Practices
    Endorsements
    See attached list of endorsements.  
    Short Form Loan Residential Policy
    Please see attached bulletin for instructions and search/examination requirements for the issuance of short form residential loan policies.  
    Statute of Limitations
    Judgments - effective 20 years, but only a lien on the property for 10 tears, unless a lien was filed on the property. NY State Warrants - 10 years.   
    Tenants in Foreclosure
    For rental properties foreclosed on or after 05/20/09, a "bona fide" tenant shall receive at least 90 days notice before they may be evicted. Please see attached bulletin for more information.  
    Use of Starters for Title Searches
    Please see attached bulletin for regulations in regard to the use of starters or prior searches/title policies to begin a title search.  
    Billing
    Invoice issued with title report  
    Closing Entity
    Varies by county as well as by custom and practice. Upstate (Zone 1); while the title company/agent may employ an attorney as a closer, most title companies use employee closers. Downstate ( Zone 2); title closers commonly close loans. The buyer traditionally pays a "gratuity" to the title closer.
    Closing requires simultaneous transfer of documents and consideration by parties. Recording is done post closing.  
    Closing Fees
    Most paid by buyer  
    Community Property State
    Yes  
    Conveyance Instruments
    Bargain and sale deed with covenant  
    Deed Transfer Tax
    "Paid by seller. Certain exemptions apply. If applicable, the Affidavit of Consideration for use by seller must be completed and attached to the deed. Click on the link below to view the form and see complete instructions.  
    Dower & Curtesy
    Abolished  
    Duration of Commitment
    N/A  
    Foreclosure
    Usually judicial; minimum 180 days  
    Forms
    American Land Title Association (ALTA 2006)  
    Homestead Laws
    None  
    Leasehold Tax
    Yes, depends on transaction type  
    Lien Theory State
    Yes  
    Mortgage Tax
    Yes   
    Policy Premiums
    Both Loan and Owner's Policy Premiums paid by buyer  
    Power of Attorney
    May be used at closing, statutory form preferred.  
    Property Taxes
    Varies by city and township  
    Recording Fees
    Simultaneous transfer at closing; recording takes place after closing  
    Redemption Period after Sale
    None  
    Special Statutes for Non-resident Sellers
    None  
    State Encumbrance Forms
    Mortgage  
    Survey Charges
    Paid by buyer  
    Title Search & Examination
    Paid by buyer. Look back period is 40 years; downstate only fees are included in title rate  
     
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    Web Links
    Coming Soon
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    Contacts
    Miriam Stern
    Manager
    732.333.2313
    Shaindy Moddel
    New Orders
    732.333.2275
    For additional contact information, see Contact Us
    Note: The information in this section is drawn from several sources, including:
  • State Laws and Customs Toolkit, Stewart Title Guaranty Company
  • Real Estate Closings Deskbook, 2nd Edition, K.F. Boakckle, 2003
  • Title Insurance Regulatory Survey, American Land Title Association, 2005
  • We will update it periodically. But please bear in mind there will always be some lag time between an announced change and a programming update. In addition, individual transactions may vary due to circumstances such as special risks or services required for your particular transaction.
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