Montgomery County Bargain and Sale Deed with Covenants Form (New York)

All Montgomery County specific forms and documents listed below are included in your immediate download package:

Bargain and Sale Deed with Covenants Form

Montgomery County Bargain and Sale Deed with Covenants Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 5/15/2024

Bargain and Sale Deed with Covenants Guide

Montgomery County Bargain and Sale Deed with Covenants Guide

Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 5/20/2024

Completed Example of the Bargain and Sale Deed with Covenants Document

Montgomery County Completed Example of the Bargain and Sale Deed with Covenants Document

Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 2/1/2024

When using these Bargain and Sale Deed with Covenants forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:

Montgomery County Clerk - County Office Building

64 Broadway / PO Box 1500, Fonda, New York 12068-1500

Hours: Monday - Friday 8:30 am - 3:30 pm / Summer: 9:00 am - 3:30 pm

Phone: (518) 853-8111

Local jurisdictions located in Montgomery County include:

  • Amsterdam
  • Auriesville
  • Canajoharie
  • Esperance
  • Fonda
  • Fort Hunter
  • Fort Johnson
  • Fort Plain
  • Fultonville
  • Hagaman
  • Nelliston
  • Palatine Bridge
  • Saint Johnsville
  • Sprakers
  • Tribes Hill

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Montgomery County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.

Can the Bargain and Sale Deed with Covenants forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New York or Montgomery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Montgomery County Bargain and Sale Deed with Covenants forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

New York Bargain and Sale Deeds with Covenant Against Grantor

In New York, title to real property can be transferred from one party to another by executing a bargain and sale deed with covenant against grantor. This type of deed is statutory under NY Real Prop. Law Section 258 Statutory Form C.

A bargain and sale deed with covenant conveys whatever interest the grantor holds in the property at the time of execution, with the promise that the grantor "has not done or suffered anything whereby the said premises have been incumbered in any way whatever" (NY Real Prop. Law Section 258 (Statutory Form C)).

There are two types of bargain and sale deeds in New York. One type contains a specific covenant against grantor's acts, while the other does not. Bargain and sale deeds with covenant provide more surety because they guarantee that the property conveyed is without encumbrances made by the grantor. Bargain and sale deeds provide less surety than a deed with full covenants (Statutory Form A), which offers the fullest surety of title because its warranty covers the entire ownership history, even preceding the time the grantor obtained title.

A lawful bargain and sale deed with covenant must meet all state and local standards for recorded documents, including the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly declared. In the case of married persons, a tenancy by entirety is presumed, unless a joint tenancy or tenancy in common is expressly declared (E.P.T. Law Sections 6-2.1, 6-2.2).

As with any conveyance of realty, a bargain and sale deed with covenant requires a complete legal description of the parcel, including the section, block, lot, and unit numbers. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.

Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the county clerk's office in the county where the property is located. Most counties in New York require a recording page to accompany all documents for recording. This cover page is available on the local county clerk's website, and it factors into the total page count when calculating recording fees.

In New York, the real estate transfer tax is due at the time of recording. File Form TP-584 (Combined Real Estate Transfer Tax Return) with the appropriate county clerk (TAX Law 31-D-1449-EE(2)(d)). Non-residents of New York State must also file an IT-266 Tax Form (Non-Resident Real Property Estimated Income Tax Payment Form) (TAX Law 22-663).

Pursuant to R.P.P. Law 9-333.3, a Real Property Transfer Report is required to accompany all conveyances, excluding deeds of oil and gas or mineral rights. Use Form RP-5217-NYC for real property transfers within the five boroughs of New York City, and use Form RP-5217 for real property transfers in all other counties. Contact the local county clerk's office to confirm the specific local requirements.

This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions about bargain and sale deeds with covenant or for any other issues related to transfers of real property in New York.

(New York Bargain and Sale Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Montgomery County Bargain and Sale Deed with Covenants form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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