Allegany County

Recording a Deed in the Allegany County Clerk's Office

Step 1
An original deed form must be completed, signed and notarized. Since it is a legal document, we suggest that you consult an attorney.

If you would like to proceed alone, the form can be purchased at a legal supply store. The deed must have a legal description of the property including township. All names and addresses must be filled in on the document and must be acknowledged by a notary public with a proper New York State acknowledgment form. (We suggest using black ink or type the information on the document.)

Step 2
A TP-584 Combined Real Estate Transfer Tax Return must be completed and signed where indicated.
Filing Instructions www.tax.state.ny.us
Printable Document www.tax.state.ny.us

Step 3
A IT-2663 Application for Certification of recording of deed and non-estimated income tax. May be required for a non-resident seller of New York State to complete.
      Filing Instructions   www.tax.state.ny.us
      Fill in/Printable Document   www.tax.state.ny.us

Step 4
An RP-5217 form must be completed and signed. (Available at the Clerk's Office) [Not for deed of Oil and Gas or Mineral Rights]
     Filing Instructions at www.orps.state.ny.us.
     Cost Information : www.orps.stat.ny.us

Fees:

NYS Transfer Tax is due at the time of filing. This tax is based on the purchase price of the property. The rate is $4.00 per thousand or fraction thereof.

Printable Real Estate Transfer Tax Rates Schedule.

Recording fee for a deed: a deed costs $25.00 to record, with an additional $3.00 for each page. Example for a two sided deed: $25.00 for deed plus $6.00 for two pages plus $7.00 for Clerk generated office recording page. Total cost for recording $38.00.

The TP-584 Combined Real Estate Transfer Tax Return costs $5.00
Filing Instructions www.tax.state.ny.us
Printable Document www.tax.state.ny.us

The RP-5217 filing fee of $125.00 required for qualifying residential or farm property and $250.00 for all other property. A more detailed explanation can be found at www.orps.state.ny.us.

Cost Information : www.orps.stat.ny.us

Step 5
The original deed will then be recorded in our office and mailed back to you in approximately two weeks.

Recording a Mortgage in the Allegany County Clerk's Office

To record a mortgage, you must have the original mortgage document completed, signed and acknowledged by a notary public with a proper New York State acknowledgment form. The document must have a legal description of the property to include the township.

Recording fee for a mortgage: a mortgage costs $25.00 to record, with an additional $3.00 for each page. Example for a five page mortgage: $25.00 for mortgage plus $15.00 for five pages plus $7.00 for Clerk generated office recording page. Total cost for recording $47.00.

The NYS Mortgage Tax is due at the time of recording. The mortgage tax in Allegany County is 1% of the mortgage amount. It is broken down into three separate taxes as follows:

Basic Tax = .50%
Additional Tax = .25%
Special Additional Tax = .25%
Note: the first $10,000.00 of the principal amount of the mortgage is not subject to the additional tax if the mortgage creates a lien on real property improved or to be improved by a 1 or 2 family residence or dwelling.
Note: Tax is computed upon the amount secured rounded off to the nearest $100.00

If an exemption is claimed for the Mortgage Tax the mortgage must be accompanied by an affidavit in duplicate. The Affidavit must state the exemption and must be signed and sworn to by a notary public. The fee to file the affidavit is $5.00.