Herkimer County Memorandum of Trust Form

Herkimer County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Herkimer County Completed Example of the Memorandum of Trust
Line by line guide explaining every blank on the form.
All 2 documents above included • One-time purchase • No recurring fees
Additional New York and Herkimer County documents included at no extra charge:
Where to Record Your Documents
Herkimer County Clerk
Herkimer, New York 13350
Hours: Monday - Friday 9am to 4:45pm / Summer: 8:30am to 3:45pm
Phone: (315) 867-1133 (Recording) & 867-1338 (Record Room)
Recording Tips for Herkimer County:
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
- Recording early in the week helps ensure same-week processing
Cities and Jurisdictions in Herkimer County
Properties in any of these areas use Herkimer County forms:
- Cold Brook
- Dolgeville
- Eagle Bay
- Frankfort
- Herkimer
- Ilion
- Jordanville
- Little Falls
- Middleville
- Mohawk
- Newport
- Old Forge
- Poland
- Salisbury Center
- Thendara
- Van Hornesville
- West Winfield
Hours, fees, requirements, and more for Herkimer County
How do I get my forms?
Forms are available for immediate download after payment. The Herkimer County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Herkimer County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Herkimer County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Herkimer County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Herkimer County?
Recording fees in Herkimer County vary. Contact the recorder's office at (315) 867-1133 (Recording) & 867-1338 (Record Room) for current fees.
Have other questions? Contact our support team
Using a New York Memorandum of Trust
In New York, trustees of personal trusts use a memorandum of trust to certify the existence of a trust and their authority to act on behalf of the trust. The memorandum is used in place of the actual trust document and provides only essential information about the trust for lending institutions or other third parties. In this way, information that may be personal in nature, such as the designated beneficiaries under the trust, is kept confidential.
The memorandum is executed and signed by the grantor of the trust under the trust instrument, as well as the trust's formal name and date of origination. It identifies the trustee and any successor trustees with power to act on behalf of the trust.
The difference between a declaration of trust and a trust agreement, as designated in the memorandum of trust document, is the grantor's relationship to the trustee. If the trustee and the grantor are the same person and the grantor controls trust assets, the trust falls under a declaration of trust. If the grantor and the trustee are separate people and the trustee controls the trust assets, trust is under a trust agreement [1].
The distinction between a declaration of trust and a trust agreement also affects the name by which the trust takes title to real property as a grantee. In the following example, "John Doe," under a declaration of trust, serves as both grantor and trustee: "John Doe, trustee under declaration of trust dated mm/dd/yyyy." Under a trust agreement, the grantor name is included as well: "John Doe under agreement with Robert Grantor dated mm/dd/yyyy" [1].
All recorded documents relating to real property in the State of New York are required to include a physical description of the property, as well as the section, lot, block, and unit numbers.
[1] https://www.treasurydirect.gov/indiv/planning/plan_estate_trustsq_a.pdf
(New York MOT Package includes form, guidelines, and completed example)
Important: Your property must be located in Herkimer County to use these forms. Documents should be recorded at the office below.
This Memorandum of Trust meets all recording requirements specific to Herkimer County.
Our Promise
The documents you receive here will meet, or exceed, the Herkimer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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September 23rd, 2020
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January 10th, 2019
I'm typing along and suddenly I can't fit anything more into the page and there's plenty of room. This is my 2nd time using this site. No problem the first time years ago. Now it's an issue, looks like I'll need a typewriter to finish the form. Where do I find a typewriter?!! I can't complete the legal description!
Thanks for your feedback Nora. If you are unable to find a typewriter you can always do as the guide suggests and use the included exhibit page.
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