Montgomery County Memorandum of Trust Form (New York)

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

Memorandum of Trust Form

Montgomery County Memorandum of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 5/14/2024

Completed Example of the Memorandum of Trust

Montgomery County Completed Example of the Memorandum of Trust

Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 1/31/2024

When using these Memorandum of Trust 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 Memorandum of Trust 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 Memorandum of Trust 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.

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)

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.

Save Time and Money

Get your Montgomery County Memorandum of Trust 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.

4.8 out of 5 - ( 4347 Reviews )

Michael D.

June 14th, 2024

Quick and easy!

Reply from Staff

Thank you!

Charlotte V.

June 13th, 2024

t was a bit confusing at first. I am really old though. It was fairly easy to use. I will continue to use Deeds. com for all my future needs.rnThank you Deeds.com for making life so much easier.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Catherine B.

June 12th, 2024

Wow absolutely amazing service. So quick and easy and makes what would be such a hassel a piece of cake. Outstanding value for money way cheaper than I expected. Will use again and highly recommend.

Reply from Staff

Your appreciative words mean the world to us. Thank you.

Sarjit K.

August 30th, 2023

excellent

Reply from Staff

Thank you!

Julian H.

January 6th, 2023

I had no issues downloading the template. The price was reasonable and the document was compliant with the law for Alabama Mechanics Liens, which saved me some time and effort. Nice aide. Thanks!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Lisa C.

October 7th, 2020

Please change on the example for the warranty deed the portion that says Source of Title:
They don't use book and pages anymore They only use recording numbers. Please show an example with that for Maricopa County AZ

Plus your Notary certificates should have a blank part for if it is signed in another state.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

TAMMIE M.

November 20th, 2020

The site worked well for me.

Reply from Staff

Thank you!

Coralis M.

September 2nd, 2021

Fast, efficient and professional service! Thanks

Reply from Staff

Thank you!

Eugenia T.

August 9th, 2023

I am the Kent County Recorder of Deeds in Central Delaware. I am impressed by the accuracy of your website. All data you post is correct regarding forms, fees, etc. We have just spent several months researching Property Theft, using many cites from various sources. I just discovered your white paper on this subject, and it is excellent. It also covers a few things we did not, such as house flipping and immigrants. Congratulations!

Reply from Staff

Thank you for your kind words and thoughtful review! It's an honor to know that our resources have been valuable to the Kent County Recorder of Deeds. Your feedback is particularly meaningful to us, and we are glad that our white paper contributed to your research on Property Theft. We fully support your vital efforts to combat property theft and deed fraud, and if there's anything else we can assist you with or any further insights you'd like to share, please don't hesitate to reach out. Keep up the outstanding work!

Alexandra M.

April 28th, 2021

Needed a Limited Power of Attorney form for a real estate transaction in another state. Proper form came up immediately and was fairly easy to complete. I think the sample completed form should have been more completely explained in layman's language instead of legalese (such as person granting permission instead of grantor or something like your name and address and the person who will be signing on your behalf) but since the form was one price no matter how many ways it was printed out, it was fine. I just filled it out several ways and had it notarized and sent it to my sister. Whichever combination is appropriate she and the lawyer will have. I found the site easy to navigate

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

John T.

May 5th, 2022

Great site, I was able to navigate with ease. We appreciate all those who contributed in making this possible

Reply from Staff

Thank you!

Allen H.

April 30th, 2021

Your program was invaluable to us, I used it for my Mom's estate and when she passed the transition was seamless and no probate was involved. I am going to use this for myself to transfer my property over to my children in upon my death. Can't say enough positive things about it.

Thanks,

Allen

Reply from Staff

Thank you!

Ernest K.

July 27th, 2020

Im an out of state realtor, but couldnt believe how quick and easy the process was. Recieved my deed within 15 min of submission. I will be referring clients to this service.

Reply from Staff

Thank you!

Lynne B.

October 17th, 2020

It was very easy to navigate and very fast response time.

Reply from Staff

Thank you!

Gregory C.

March 17th, 2022

All of these forms should be downloadable in .zip format - having to do 8-9 downloads is ridiculous, respectfully.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!