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New York - Montgomery County Bargain and Sale Deed with Covenants Form

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


Montgomery County Bargain and Sale Deed with Covenants Form Page 1

Bargain and Sale Deed with Covenants Form - Montgomery County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/22/2021


Montgomery County Bargain and Sale Deed with Covenants Guide Page 1

Bargain and Sale Deed with Covenants Guide - Montgomery County

Line by line guide explaining every blank on the form.
Included document last updated 2/11/2021


Montgomery County Completed Example of the Bargain and Sale Deed with Covenants Document Page 1

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

Example of a properly completed form for reference.
Included document last updated 2/19/2021


*The Following New York and Montgomery County supplemental forms are included as a courtesy with your order.


New York Real Property Transfer Report

New York Real Property Transfer Report

The complete, digitized transfer report is required at the time of recording. Even non-sale transfers must be accompanied by this form. Follow the link and instructions for downloading on the information sheet provided here.


Combined Real Estate Transfer Tax Return

Combined Real Estate Transfer Tax Return

This form must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee. Included are line-by-line instructions with a list of New York transfer tax exemptions. Schedules (TP-584.1) are only needed for conveyances pursuant to or in lieu of foreclosure or pursuant to a secured party’s enforcement of a lien or other security interest, conveyances that consist of a mere change of identity or form of ownership or organization, and conveyances for which credit for tax previously paid will be claimed.


New York Non Resident Transfer

New York Non Resident Transfer

Use this form if you are a non-resident of New York State transferring real property. Submit the completed form with full payment of estimated tax due, if any, to the recording officer at the time the deed is presented to be recorded. Do not mail the form to the tax department.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by New York State notaries.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • 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.
  • 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.
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  • Are there any recurring fees involved?
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Areas covered by these Bargain and Sale Deed with Covenants Forms:

  • Montgomery County

Including:

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

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What is the New York Bargain and Sale Deed with Covenants?

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.

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Save Time and Money

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.

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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