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Land Recording

All fees related to a recording must be made payable to the ‘Chautauqua County Clerk’

 

Payments are accepted in the form of cash, check, money order, cashier check, or credit card. We accept all major credit cards, and have a mandatory 2.5% processing fee.

 

The following is a current Land Records fee schedule for the Office of the Chautauqua County Clerk.

 

RECORDING A DEED

Statutory Recording Fee                                                        $50.00

Per Written Side of Page                                                       $5.00/page

Mandatory Notice of Transfer                                                $10.00

Form TP-584 Filing Fee                                                         $5.00

          (NYS Transfer Tax Form)

State/County Transfer Tax                                                     See Below

Form RP-5217 Filing Fee

          (Real Property Transfer Report)

                        • Residential and Agricultural Property Class:                   $125.00

                        • All Other Property Types (Code 300 and above):            $250.00

Required Tax Forms:

          TP-584 and Instructions

          RP-5217 and Instructions

          IT-2663 and Instructions (for Out-of-State Sellers)

 

Important Notes:

          All deeds submitted to the Chautauqua County Clerk must include a legal description of the property, along with a copy of the full deed.

It is required that both the Grantor(s)’ and Grantee(s)’ full names and physical addresses be on the document along with their original, notarized signatures.

** There is not to be any white out, nor redaction on the document. Should an error need correction, we recommend a new deed be drawn. In the event a new deed cannot be produced, we ask that the error be crossed out with a single line and initialed by the corrector. **

If any of these requirements are not fulfilled, the Deed will be rejected due to noncompliance.

 

 

RECORDING A MORTGAGE

Statutory Recording Fee                                                        $50.00

Per Written Side of Page                                                       $5.00/page

Per Document Cross-Referenced                                           $0.50 each

NYS Mortgage Tax                                                                See Below

 

 

DISCHARGE OF MORTGAGE (aka SATISFACTION OR RELEASE OF MORTGAGE)

Statutory Recording Fee                                                        $50.00

Per Written Side of Page                                                       $5.00/page

Per Cross-Reference                                                              $0.50 each*

          (Mortgage, Consolidated Mortgage, Correcting Mortgages)

*Note that each mortgage constitutes one cross reference. For example, if three (3) mortgages (recited in the Discharge) have been assigned and consolidated by one Discharge, then three (3) cross references will be charged. ($1.50 in addition to Recording Fee)

 

 

ASSIGNMENT OF MORTGAGE

Statutory Recording Fee                                                        $50.00

Per Written Side of Page                                                       $5.00/page

First mortgage Cross-Referenced                                           $0.50 each

Additional Mortgage Cross-Referenced                                 $3.50/each

 

STATE/COUNTY TRANSFER TAX

Transfer tax in Chautauqua County is $4.00 for the first $1000.00 of consideration, then $2.00 per $500.00 of consideration thereafter. This is broken down as 50% each to New York State and Chautauqua County.

For example, if the purchase price of a property is $150,500.00, the Transfer Tax will be $602.00; if the purchase price is $150,501.00, the Transfer Tax will be $604.00. This total tax will be split evenly between the State and the County.

 

 

NEW YORK STATE MORTGAGE TAX

Mortgage tax can be computed by calculating 1.25% of the mortgage amount. The 1.25% tax is divided as follows: Basic Tax = 0.5%, Special Additional Tax = 0.25%, Additional Tax = 0.25% (minus $25 if the property is a 1-2 family dwelling), and Local Tax = 0.25%.

If an exemption is claimed for the Mortgage Tax, the mortgage must be accompanied by an affidavit. This affidavit should state the exemption, and must be signed and notarized. Exemptions apply to federal credit unions and privately held mortgages, where this exemption is for 0.25% (representing the Special Additional Tax), and to government agencies where the exemption is for the entire 1.25%.